Elizabeth Bohn

Elizabeth Bohn

Carlton Fields Jorden Burt

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California Court Dismisses TCPA Claim, Finding Human Intervention in Transmission of Internet Text Messages Removed Them From FCC...

In one of the first court decisions issued since the FCC’s declaratory ruling expansively defined autodialers for purposes of the TCPA, a California district court has dismissed TCPA claims based on promotional text messages,...more

8/27/2015 - Commercial Marketing FCC Privacy Concerns Right to Privacy Robocalling Summary Judgment TCPA Text Messages Third-Party Service Provider

CFPB and New York Department of Financial Services Sue Pension Loan Companies for Deceptive Marketing

On August 20, the Consumer Financial Protection Bureau (CFPB) and New York Department of Financial Services (NYDFS) jointly filed suit against two pension loan companies and three individual managers for deceptively marketing...more

8/24/2015 - Advances CFPA CFPB Consumer Lenders Department of Veterans Affairs Elder Issues Financial Sector Financial Services Industry Financing Military Service Members NYDFS Pensions Predatory Lending UDAAP Unfair or Deceptive Trade Practices

D.C. Circuit Rules Small Bank has Standing to Challenge the Constitutionality of Consumer Financial Protection Bureau

Last week, the D.C. Circuit Court of Appeals reversed a D.C. District Court decision dismissing a bank’s complaint challenging the constitutionality of the CFPB based on lack of standing. The district court had concluded that...more

7/30/2015 - Appointments Clause Banking Sector Banks CFPB Dodd-Frank FDIC Federal Reserve Financial Institutions FSOC Recess Appointments Richard Cordray Standing U.S. Treasury

CFPB Brings Two More Enforcement Actions Targeting Add-On Credit Products

Last week, the Consumer Financial Protection Bureau (CFPB) filed two more enforcement actions alleging deceptive and unfair practices in marketing and billing for add-on credit protection products. Add-on products have been...more

7/10/2015 - Automotive Loans CFPA CFPB Civil Penalty Fund Credit Cards Finance Lenders Financial Institutions Service Contracts Unfair or Deceptive Trade Practices

CFPB Reports Continued Mortgage Servicing and Other Violations of Consumer Financial Law

In its Supervisory Highlights recently released, which cover the period from January to April 2015, the Consumer Financial Protection Bureau (“The Bureau”) reported its examination observations in consumer reporting, debt...more

7/9/2015 - CFPA CFPB Debt Collection ECOA Fair Lending Financial Institutions Foreclosure Loss Mitigation Mortgage Loan Originators Mortgage Servicers Real Estate Market RESPA Student Loans

Repeated Fax Blasts Cost Company $22 Million Judgment

The Telephone Consumer Protection Act of 1991 (TCPA), 42 U.S.C. § 227(b)(1)(C), prohibits the fax transmission of unsolicited advertisements without the prior express permission of the recipient, absent an established...more

6/24/2015 - Privacy Laws Robocalling Summary Judgment TCPA Unsolicited Faxes

Risky Business: Common Cyber Security Risks, Expensive Consequences

Large-scale data breaches have become increasingly common, bringing with them not only bad press and loss of customer goodwill, but serious monetary risk. New cyber security legislation enacted in multiple states, including...more

6/17/2015 - Anthem Blue Cross AT&T CFPB Cyber Attacks Cybersecurity Data Breach Data Protection Financial Institutions MasterCard Phishing Scams Popular Premera Blue Cross Target

CFPB Issues New Manual for Company Responses to Detailed Consumer Complaints

On May 15, the Consumer Financial Protection Bureau ("the Bureau") issued an updated Company Portal Manual (“the Manual”) containing new guidance and instructions for companies to respond to consumer complaints filed with the...more

5/22/2015 - CFPB Consumer Complaint System Corporate Counsel Credit Cards Debt Collection FOIA Loans Mortgages Third-Party Liability

Florida Enacts Law Providing for Civil Remedy Against Cyber Fraud and Abuse

On May 14, Florida Governor Rick Scott signed the Computer Abuse and Data Recovery Act (CADRA) into law. CADRA is intended to provide a remedy to businesses for harm or loss caused by unauthorized access to protected...more

5/19/2015 - CFAA Computer Crimes Act Cyber Attacks Cybersecurity Data Breach Privacy Laws Rick Scott

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


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

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