Elizabeth Bohn

Elizabeth Bohn

Carlton Fields Jorden Burt

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Trademarks in Cuba, Successful Whistleblowers, Big Data, Health Care Encryption, Jury Instruction Tips [Expect Focus – Vol. 1,...

IN THE SPOTLIGHT · Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information? LIFE INSURANCE · STOLI Schemers Must Make Good on Damages Caused · At the State Level, Is a Fixed-Index...more

4/10/2015

Florida Appellate Court Holds Dismissal of Foreclosure Action Could Time Bar Subsequent Action

A recent Florida Third District Court of Appeal opinion should put Florida mortgage lenders on notice: If a foreclosure action is dismissed without prejudice, the lender must affirmatively decelerate the loan or risk that the...more

4/8/2015 - Dismissal With Prejudice Foreclosure Mortgage Lenders Mortgages Statute of Limitations

Eleventh Circuit Says No to Mooting Class Actions with Individual Offers of Judgment

Serving a Rule 68 offer of judgment for maximum individual statutory damages before the filing of a class certification motion was once a common strategy used to moot putative class actions alleging claims for violations of...more

4/8/2015 - Class Action FDCPA Mootness Offer of Judgment Putative Class Actions Rule 68 TCPA

Consumer Financial Protection Bureau Announces Final Policy On Publication Of Detailed Consumer Complaints

On March 19, the Consumer Financial Protection Bureau ("the Bureau") published a final policy statement ("the Statement") announcing its plans to disclose details of consumer complaints on its public consumer complaint...more

3/27/2015 - CFPB Consumer Complaint System Consumer Financial Products FCRA Gramm-Leach-Blilely Act

CFPB Says Arbitration Agreements Limit Consumer Relief in Class Actions; New Regulations on the Horizon?

The Supreme Court’s 2011 decision in AT&T Mobility LLC v. Concepcion upheld an arbitration clause requiring arbitration of claims individually, thereby effectively preventing class actions. While the consumer finance industry...more

3/13/2015 - Arbitration Arbitration Agreements AT&T Mobility CFPB Class Action Consumer Financial Products

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

1/16/2015 - Automotive Loans CFTC Class Action Consumer Complaint System Data Breach Divorce Driverless Cars FCC Healthcare HIPAA Insurance Industry Life Insurance Money Market Funds Mortgages NAIC Private Equity Funds STOLI Unsolicited Faxes

CFPB Proposes Regulating Nonbank Auto Finance Companies

On September 16, the Consumer Financial Protection Bureau (CFPB) issued and requested comment on a proposed rule that would, for the first time, subject nonbank auto finance companies to federal regulation and oversight. The...more

1/16/2015 - Automotive Loans Banks CFPB Consumer Financial Products Consumer Lenders Discrimination Dodd-Frank ECOA FCRA Gramm-Leach-Blilely Act Nonbank Firms TILA UDAAP

Consumer Financial Protection Bureau Attempts to Regulate Telecom

Since it opened in 2011, the Consumer Financial Protection Bureau ("the Bureau" or "CFPB") has issued thousands of pages of regulations, mostly directed at the home mortgage industry, and aggressively exercised its authority...more

1/15/2015 - Administrative Hearings Automotive Loans CFPB Consumer Financial Products Credit Cards Debt Collectors Dodd-Frank Enforcement Actions Mortgage Lenders Payday Loans Regulatory Agenda Reporting Requirements UDAAP

Financial Institutions Voice Concerns about CFPB Proposal to Publish Narrative Consumer Complaint Data

In our last issue, we discussed the Consumer Financial Protection Bureau (CFPB) proposal to publicly disclose consumer complaint details filed via its web-based public consumer complaint database by including an unstructured...more

1/15/2015 - CFPB Consumer Complaint System Proposed Regulation Public Disclosure

Revised CFPB Ability to Repay Rule Allows Excess Points and Fees Refunds for Qualified Mortgages

The Dodd-Frank Act amended the Truth in Lending Act (TILA) to require a creditor making a residential mortgage loan to make a reasonable and good faith determination (based on verified and documented information) that, at the...more

1/15/2015 - Ability-to-Repay Dodd-Frank Mortgage Lenders Mortgages Qualified Mortgage Rule Refunds TILA

CFPB Wants to Publish Detailed Consumer Complaints

The Consumer Financial Protection Bureau (CFPB) has proposed to publicly disclose details of consumer complaints filed through its web-based public consumer complaint database by including a consumer narrative of events that...more

9/29/2014 - CFPB Consumer Complaint System Public Disclosure

Ahead: CFPB Regulations of Creditors Collecting Own Consumer Debts?

The Federal Fair Debt Collection Practices Act (FDCPA or the Act) was enacted in 1977 to end abusive consumer debt collection practices by debt collectors, while insuring that collectors who don’t engage in such practices...more

9/29/2014 - Debt Collection Debt Collectors FDCPA Unfair or Deceptive Trade Practices

Using Information from Data Brokers? Beware the FCRA and the FTC …

As sellers and Internet service providers gather increasing amounts of consumer information, the data broker industry has expanded. Identifying themselves as "market research" firms, data brokers buy, analyze, sort,...more

9/29/2014 - Data Brokers FCRA FTC Internet Internet Service Providers

Expect Focus - Catching The Next Wave, Regulatory and Litigation Developments - Volume II, Spring 2014

In This Issue: - IN THE SPOTLIGHT ..Private Equity: The Next Wave of SEC Enforcement Actions? - LIFE INSURANCE ..How to Fight a STOLI Scheme: Court Rulings Offer Clues ..STOA Schemes Face...more

7/22/2014 - Compliance Enforcement Enforcement Actions PBGC Private Equity Property Insurance SEC Title Insurance

CFPB Proposes Publishing Detailed Consumer Complaints

On July 16, the Consumer Financial Protection Bureau (CFPB) published a proposal to expand public disclosure of details of consumer complaints filed via its web-based public consumer complaint database....more

7/21/2014 - CFPB Consumer Complaint System Disclosure Requirements Popular

The High Costs and Consequences of a CFPB CID

Dodd-Frank gives the Consumer Financial Protection Bureau (CFPB) the power to enforce and implement federal consumer financial protection laws, including home mortgage and other consumer credit regulations, plus powerful...more

7/18/2014 - CFPB CID Dodd-Frank Enforcement Enforcement Actions

Proposed CFPB Rule Would Allow Online Posting of GLBA Privacy Notices

The Gramm-Leach-Bliley Act (GLBA) requires financial institutions to provide customers with initial and annual notices of their privacy policies, including whether they share consumers’ non-public information with third...more

7/9/2014 - Banking Sector Banks CFPB Electronic Communications GLBA Privacy Gramm-Leach-Blilely Act Notice Requirements Privacy Policy

CFPB Proposes Rule Allowing Online Posting Of GLB Privacy Notices

On May 6, the Consumer Financial Protection Bureau ("the CFPB" or "the Bureau") announced a proposed rule that would permit financial institutions to post annual privacy notices required by the Gramm-Leach-Bliley Act ("GLBA")...more

5/14/2014 - CFPB Compliance Gramm-Leach-Blilely Act Notice Requirements Posting Requirements Privacy Policy Regulation P SEC

CFPB Report Highlights Focus On Mortgage Servicing

Under Dodd-Frank, the CFPB supervises depository institutions and credit unions with total assets of more than $10 billion, as well as certain nonbanks, regardless of size, including mortgage companies, originators, brokers,...more

5/9/2014 - Banks CFPB Credit Unions Dodd-Frank Mortgage Servicers Mortgages Nonbank Firms

DOJ And CFPB Team Up To Take On Auto And Mortgage Lenders

The CFPB and the Department of Justice (DOJ) are joining forces to pursue damages and penalties against consumer lenders for violation of the Equal Credit Opportunity Act (ECOA) in pricing consumer loans....more

5/8/2014 - Ally Financial Inc Automotive Loans CFPB Consumer Lenders Discrimination DOJ ECOA Fair Lending Mortgages Secured Lenders

CFPB Continues Assault On Add-On Financial Products

The Consumer Financial Protection Bureau (CFPB), the Federal Deposit Insurance Corporation (FDIC), and the Options Clearing Corporation (OCC) have again required multimillion dollar refunds and penalties related to marketing...more

5/2/2014 - Banks CFPB Credit Cards FCRA FDIC Financial Products OCC

A Review And Analysis Of The CFPB’s Focus And Enforcement Activity Related To Mortgage Origination And Servicing

Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“the Act”) created and authorized the Consumer Financial Protection Bureau (“CFPB” or “the Bureau”) to implement, examine for compliance with,...more

4/25/2014 - CFPB Dodd-Frank Enforcement Enforcement Actions Mortgage Loan Originators Mortgages Title X

Expect Focus - Volume 1, Winter 2014

In This Issue: - IN THE SPOTLIGHT ..Sixth Circuit Revisits Controversial ERISA Decision - LIFE INSURANCE ..Summary Judgment Victory for Life Insurer in Annuity Class Action ..Favorable Secondary Life Market...more

3/31/2014

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