John McGuinness

John McGuinness

Manatt, Phelps & Phillips, LLP

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Bank Pays $16M to Settle FDIC Charges Over Credit Card Add-On Products

The Federal Deposit Insurance Corporation (FDIC) reached a $16 million deal with a Utah bank recently, settling charges that the financial institution engaged in unfair and deceptive acts and practices. ...more

10/24/2014 - Banks Consent Order Credit Cards FCPA FDIC Fees Settlement Transaction Fees Unfair or Deceptive Trade Practices

New York’s Attorney General Files Redlining Suit Against Bank

The New York Attorney General has charged a regional bank with engaging in illegal discrimination by intentionally ignoring predominantly African-American neighborhoods in Buffalo. ...more

9/29/2014 - Attorney Generals Banks Discrimination Disparate Impact Evans Bank Fair Housing Act Popular Racial Discrimination Redlining

Feds, States Sweep Country for Mortgage Relief Scams

In an enforcement sweep dubbed “Operation Mis-Modification,” the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), and 15 state Attorneys General have targeted “foreclosure relief scammers that have...more

8/19/2014 - Attorney Generals CFPB Debt-Relief Industry Enforcement Foreclosure Investigations Mortgages

Payday Lender Settles With CFPB For $10 Million

Texas-based ACE Cash Express will pay a total of $10 million to settle an enforcement action brought by the Consumer Financial Protection Bureau (CFPB), predicated upon a finding by the CFPB that ACE had engaged in unfair,...more

8/4/2014 - CFPB Dodd-Frank Enforcement Enforcement Actions Payday Loans UDAAP

Holder Vows To Continue Operation Choke Point; House Considers Bill To Stop It

Depending on whom you ask, Operation Choke Point has a promising future ahead of it – or will soon be history. The controversial initiative by the Department of Justice (DOJ) is intended to limit certain lenders and...more

7/21/2014 - American Bankers Association Banks Choke Point DOJ FIRREA Lenders Nonbank Firms Payday Loans Proposed Legislation Third-Party Service Provider

Tribal Immunity at the Supreme Court: Impact on Payday Lenders?

Could a recent Supreme Court decision on tribal sovereignty as it applied to an Indian casino have an impact on payday lenders? The case itself, Michigan v. Bay Mills Indian Community, involved a casino built by the...more

7/10/2014 - Michigan v Bay Mills Indian Cmty Native American Issues Payday Loans SCOTUS Sovereign Immunity Tribal Governments

Out-Of-State Bank Fees Permissible Under Federal Law, Eleventh Circuit Rules

Out-of-state bank fees are permitted under federal law, the Eleventh U.S. Circuit Court of Appeals recently concluded. A pair of Florida customers – Derek Pereira and Camila De Freitas – presented checks at a Florida...more

6/25/2014 - Appeals Banks Fees Putative Class Actions Transaction Fees

Financial Services Law

Court: FTC Can Regulate Payday Lenders Affiliated With Indian Tribes - In what is being hailed by the Federal Trade Commission as a victory for regulators, a federal court judge in Nevada has ruled that the FTC has the...more

4/11/2014 - FTC Jurisdiction Payday Loans Tribal Loans

Financial Services Law

D.C. Circuit Court Upholds Fed’s Debit Card Fee Cap, Antiexclusivity Rules - Dealing a blow to merchants nationwide, the D.C. Circuit Court of Appeals reversed a lower court and upheld the rules promulgated by the...more

3/28/2014 - CFPB Debit Cards Exclusive Dealing Agreements Fees Financial Regulatory Reform IRS Loans Predatory Lending Student Loans

Financial Services Law - Mar 14, 2014

State and Federal Lawmakers, Chair of Fed Weigh in on Regulation of Virtual Currency - The New York Department of Financial Services issued an order on Wednesday that it will immediately start accepting applications...more

3/14/2014 - Anti-Money Laundering Bank Secrecy Act Bitcoins CFPB Chadbourne & Parke LLP v Troice Class Action Compliance Credit Cards Credit Reports Ponzi Scheme SCOTUS SLUSA Virtual Currency

Financial Services Law - Feb 28, 2014

Light ’em Up: FinCEN’s Cautionary Guidance About Banks Working With Marijuana Companies - The Financial Crimes Enforcement Network’s new guidance on how to work with marijuana-related businesses is unlikely to make it...more

2/28/2014 - Bank Secrecy Act Banks Bitcoins FinCEN Marijuana Suspicious Activity Reports Virtual Currency

Financial Services Law - Feb 14, 2014

Bit by Bit(coin), Virtual Currency Inches Toward Regulation - Has the time come to regulate virtual currency? At a recent hearing held by the New York Department of Financial Services, the answer appeared to be “yes.”...more

2/14/2014 - Banks Bitcoins FDIC Financial Regulatory Reform OCC Virtual Currency Volcker Rule

Financial Services Law - Feb 10, 2014

Swipe Fee Settlement Yields More Litigation - Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far...more

2/11/2014 - American Express Antitrust Litigation Banks Class Action Deposit Advances FDIC Fees MasterCard Prepaid Payment Products Toys R Us Visa Inc Visas

Financial Services Law - Jan 30, 2014

Swipe Fee Settlement Yields More Litigation - Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far...more

1/31/2014 - Antitrust Litigation Banks Business Judgment Rule Class Action Deposit Advances Directors FDIC Fees MasterCard Merchant Fees Payday Loans Settlement Visa Inc

Financial Services Law -- Jan 17, 2014

Community Banks and the Volcker Rule: What’s Next? - For now, banks that have investments in CDO securities that are issued by funds that are invested in trust preferred securities (TruPS CDOs) have dodged a bullet. On...more

1/17/2014 - Arbitration Banking Sector Car Loans CFPB Collateralized Loan Obligations Community Banks Covered Entities Dodd-Frank DOJ Fair Lending FFIEC Financial Companies Mandatory Arbitration Clauses Social Media Trust Preferred Securities Volcker Rule

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