For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more
9/3/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
FERC ,
Food and Drug Administration (FDA) ,
Government Agencies ,
HUD ,
IRS ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NTSB ,
OCC ,
Popular ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statute of Limitations ,
Statutory Interpretation ,
U.S. Treasury
The Consumer Financial Protection Bureau (CFPB) on July 10, 2024, announced a proposed rule that would require servicers to more intently assist borrowers throughout a "loss mitigation review cycle" before being permitted to...more
7/25/2024
/ Borrowers ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Default ,
Financial Distress ,
Forbearance Agreements ,
Foreclosure ,
Interim Final Rules (IFR) ,
Loss Mitigation ,
Mortgage Servicers ,
Mortgages ,
Proposed Amendments ,
Regulation X ,
Regulatory History ,
RESPA
The U.S. Supreme Court overruled Chevron deference in its decision in Loper Bright Enterprises v. Raimondo on June 28, 2024. Chevron – a central doctrine of administrative law – had stood since 1984....more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation ,
Unconstitutional Condition
When a consumer fails to pay a debt, the creditor may engage in proceedings to collect, which may result in a court issuing a garnishment notice directing a bank to freeze and turn over funds in the consumer's deposit account...more
In a report by the Federal Trade Commission (FTC) released on June 16, 2022, the agency is critical of the use of artificial intelligence (AI) to combat online harms. In the report by the agency, which was issued in response...more
Following the U.S. Supreme Court's decision in AMG Capital Management, LLC v. FTC, the Federal Trade Commission's (FTC) new leadership is testing a different, more aggressive and creative tactic regarding civil penalties to...more
10/29/2021
/ Advertising ,
AMG Capital Management LLC v FTC ,
Endorsements ,
Enforcement Guidance ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
New Guidance ,
Notice of Violation ,
Online Advertisements ,
Online Reviews ,
Social Media ,
Social Media Policy ,
Statutory Authority ,
Testimonial Statements
The U.S. Supreme Court on June 29, 2020, issued its decision in Seila Law v. CFPB, a case in which the petitioner challenged the constitutionality of the Consumer Financial Protection Bureau (CFPB). While the Supreme Court...more
The Federal Trade Commission's (FTC) Bureau of Consumer Protection Director Andrew Smith issued a statement on Using Artificial Intelligence and Algorithms, providing added insight into how the FTC assesses a company's use of...more
The Federal Trade Commission (FTC) released a new publication titled "Disclosures 101 for Social Media Influencers" on Nov. 5, 2019. The publication, which was accompanied by an informational video, underscores the...more
Last week, the DOJ Criminal Division published a guidance document entitled "Evaluation of Corporate Compliance Programs" (ECCP). This document is meant to assist prosecutors in determining what credit should be given to a...more
5/7/2019
/ Acquisitions ,
Best Practices ,
Chief Compliance Officers ,
Corporate Misconduct ,
Corporate Officers ,
Department of Justice (DOJ) ,
Mergers ,
New Guidance ,
Policies and Procedures ,
Risk Assessment ,
Senior Managers
Holland & Knight, the Word of Mouth Marketing Association (WOMMA) and the National Bar Association Commercial Law Section on Nov. 8, 2017, held an informative, half-day seminar featuring presentations and a panel discussion...more
The Consumer Financial Protection Bureau (CFPB) filed on Nov. 18, 2016, a petition challenging the U.S. Court of Appeals for the District of Columbia Circuit's ruling in PHH Corp., et al. v. Cons. Fin. Prot. Bureau, in which...more
11/23/2016
/ Administrative Proceedings ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
En Banc Review ,
Kickbacks ,
PHH Corp. v CFPB ,
Removal For-Cause ,
RESPA ,
Single Director ,
Statutory Interpretation ,
Trump Administration
The U.S. Court of Appeals for the District of Columbia Circuit on Oct. 11, 2016, held unconstitutional the current structure of the Consumer Financial Protection Bureau (CFPB), broadly condemning the agency's unparalleled...more
10/12/2016
/ Administrative Proceedings ,
Article II ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
HUD ,
Kickbacks ,
Mortgages ,
PHH Corp. v CFPB ,
Referral Fees ,
Reinsurance ,
Removal For-Cause ,
RESPA ,
Single Director ,
Statute of Limitations ,
Statutory Interpretation
Holland & Knight and the Word of Mouth Marketing Association (WOMMA) on Sept. 21, 2016, held an informative, half-day seminar featuring presentations and a panel discussion of trends and forefront regulatory compliance issues...more
9/29/2016
/ Advertising ,
Brand ,
Celebrity Endorsements ,
Disclosure Requirements ,
Ethical Standards ,
Federal Trade Commission (FTC) ,
Instagram ,
Internet Marketing ,
Native Advertising ,
Online Advertisements ,
Online Reviews ,
Popular ,
Regulatory Standards ,
Social Media ,
Social Networks ,
Twitter ,
Unfair or Deceptive Trade Practices
Holland & Knight and the Association of Credit and Collection Professionals (ACA) hosted a half-day seminar that featured government officials discussing trends and current issues in law enforcement investigations and other...more
The Consumer Financial Protection Bureau (CFPB) released on July 28 new proposals designed to "overhaul" the practices of the debt collection industry. The proposals include sweeping changes to existing regulations, including...more
7/29/2016
/ Banking Sector ,
Borrowers ,
Comment Period ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Debt Collection ,
Disclosure Requirements ,
FDCPA ,
Popular ,
Recordkeeping Requirements ,
Small Business
The U.S. District Court for the Western District of Wisconsin ruled on July 20, 2016, that the Consumer Financial Protection Bureau (CFPB) may hold the owners of two law firms offering debt relief services liable for alleged...more
The Consumer Financial Protection Bureau (CFPB) on May 5, 2016, released a proposed rule for public comment that would significantly limit companies' use of mandatory arbitration clauses in contracts with consumers.
The...more
Judge Richard J. Leon of the U.S. District Court for the District of Columbia on April 21, 2016, ruled that the Consumer Financial Protection Bureau (CFPB) did not have authority to issue a Civil Investigation Demand (CID) to...more
The Federal Trade Commission (FTC) announced today a major law enforcement initiative targeting deceptive and abusive debt collection practices. "Operation Collection Protection" is a nationwide initiative that the FTC is...more
Holland & Knight and the Word of Mouth Marketing Association (WOMMA) hosted a half-day forum that featured government officials discussing hot-button issues in consumer protection regulation and enforcement. Speakers at the...more
10/28/2015
/ American Express ,
Chamber of Commerce ,
CID ,
Civil Investigation Demand ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Protection ,
Data Security ,
Debt Collection ,
Disclosure Requirements ,
Enforcement Actions ,
FCC ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Mortgage Lenders ,
Popular ,
Privacy Concerns ,
Robocalling ,
Sharing Economy ,
Telecommunications ,
Telemarketing
Consumer Financial Protection Bureau (CFPB) Director Richard Cordray rejected challenges to the CFPB's investigation powers and the Bureau's use of broadly worded civil investigative demands (CIDs). Director Cordray did so in...more
The CFPB's Supervisory Report Provides Important Insight into the CFPB's Supervision and Enforcement Priorities and Desired Business Practices.
HIGHLIGHTS:
- The Consumer Financial Protection Bureau (CFPB)...more
7/1/2015
/ Annual Reports ,
Consumer Complaint System ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Examination Priorities ,
Fair Lending ,
Loan Servicing ,
Mortgage Loan Originators ,
Mortgage Loan Servicing Standards ,
Student Loans ,
Supervision
On January 13, 2015, the U.S. Supreme Court unanimously ruled that borrowers may reserve and effect their right to rescission by simply notifying creditors of their intent to rescind a loan within three years after receiving...more
Corporate counsel can rest a little easier now. In a widely anticipated decision issued June 27, 2014, In re Kellogg Brown & Root, Inc., the D.C. Circuit granted a writ of mandamus and vacated a district court order requiring...more