Melissa Hall

Melissa Hall

Morgan Lewis

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CFPB Releases Final Rule on Prepaid Cards - Retail Did You Know?

Dear Retail Clients and Friends, The Consumer Financial Protection Bureau (CFPB) recently released rules that impose specific requirements applicable to prepaid accounts, including prepaid cards. This edition of Morgan...more

10/7/2016 - CFPB Credit Cards Electronic Fund Transfer Act Final Rules Prepaid Payment Products Truth in Lending Act (TILA)

CFPB Previews Anticipated Debt Collection Regulations

The long-expected CFPB summary of new rule proposals for third-party debt collectors would have major implications not only for the debt collectors themselves, but also for the banks and other financial institutions doing...more

8/2/2016 - Banks CFPB Debt Buyers Debt Collection Debt Collectors FDCPA Financial Institutions SBREFA Third-Party Service Provider UDAAP

Supreme Court Denies Certiorari Petition in Madden Case

Although it is reasonably unlikely that other circuit courts will follow the Second Circuit decision, it is uncertain whether application of the Madden case in the Second Circuit will be confined to its facts....more

6/28/2016 - Appeals Banking Sector Choice-of-Law Credit Cards Debt Buyers Federal v State Law Application Interest Rates Madden v Midland Funding National Bank Act Petition for Writ of Certiorari Preemption SCOTUS Usury Valid When Made Doctrine

FinCEN Requires Financial Institutions to Obtain Beneficial Ownership

FinCEN’s new CIP beneficial owner rules may hinder the ability of shell and nominee companies to directly access the US financial system without disclosing the natural persons who own 25% or more of the company. Pooled...more

6/1/2016 - Anti-Money Laundering Bank Secrecy Act Banks Beneficial Owner Broker-Dealer Commodity Pool Customer Due Diligence (CDD) Financial Institutions FinCEN Investment Adviser Investment Funds Mutual Funds Panama Papers Transparency

The Conference of State Bank Supervisors Adopts Model Regulatory Framework for Virtual-Currency Businesses

Addressing regulatory concerns pertaining to consumer protection, market stability, and law enforcement, the Framework expands on the CSBS draft framework released in December 2014. The Conference of State Bank...more

10/15/2015 - Bank Secrecy Act BitLicense CSBS Cybersecurity Disaster Preparedness Disclosure Requirements EFTA Licenses NMLS Notice Requirements NYDFS Regulatory Standards Risk Management Startups Third-Party Virtual Currency

CFPB Issues List of Consumer Protection Concerns for New Faster Payment Systems

The Consumer Protection Principles continue the CFPB’s expansive approach. Stating that it wants to ensure that “any new payment systems are secure, transparent, accessible, and affordable to consumers” and have “robust...more

7/17/2015 - CFPB CID Data Privacy Data Protection Disclosure Requirements Dodd-Frank EFTA Electronic Payment Transactions Enforcement Authority Fee Disclosure Fraud MasterCard NACHA Payment Systems Regulation E Regulation Z Terms and Conditions Transparency Truth in Lending Act (TILA) UDAAP Visa Inc

Volcker Rule: New FAQs Regarding Foreign Public Funds and Joint Venture Covered Fund Exclusions

Additional guidance issued five weeks before the July 21, 2015 conformance date. On June 12, the five federal agencies jointly responsible for implementing the Volcker Rule (the Agencies) released two new “Frequently...more

6/16/2015 - Covered Financial Institutions Covered Funds Exclusions Financial Institutions Investment Funds Public Funds Volcker Rule

The CFPB and the Future of Arbitration Clauses

The CFPB has issued a report regarding mandatory consumer arbitration clauses, a sign that arbitration clauses may become passé. On March 10, the Consumer Financial Protection Bureau (CFPB), as required by section...more

3/13/2015 - Arbitration Arbitration Agreements CFPB Dodd-Frank Mandatory Arbitration Clauses

OCC’s Updated Guidance on Retail Nondeposit Investment Products

The Office of the Comptroller of the Currency (OCC) recently released an updated and substantially revised section of its Comptroller’s Handbook titled “Retail Nondeposit Investment Products” (the Booklet). The Booklet...more

3/2/2015 - Banking Sector Banks Guidance Update Industry Examinations OCC

The Fed Extends Volcker Rule Conformance for Private Funds

The Federal Reserve Board has announced that it has extended the Volcker Rule’s conformance period for compliance with the private fund provisions for investments in, and relationships with, “legacy” covered funds....more

12/22/2014 - Banks Compliance Dodd-Frank Federal Reserve Hedge Funds Private Equity Funds Volcker Rule

CFPB Proposes Sweeping New Regulations for Prepaid Products

CFPB proposes to regulate a wide variety of prepaid access devices (card-based, electronic, or virtual) as equivalent to credit cards. The Consumer Financial Protection Bureau (CFPB) recently proposed extensive new...more

12/10/2014 - CFPB Prepaid Payment Products Proposed Regulation Public Comment Rulemaking Process

The Latest from Dodd-Frank: Credit Risk Retention Rule Finalized

In the latest significant rulemaking arising out of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), on October 22, six federal financial and housing agencies finalized long-awaited rules on...more

11/5/2014 - Compliance Dodd-Frank Risk Retention Securities Exchange Act

OCC Issues Updated Guidance on Collective Investment Funds

The update to the Comptroller’s Handbook highlights the Office of the Comptroller of the Currency’s enhanced expectations regarding the overall risk management of collective investment fund activity and provides insight into...more

6/9/2014 - Investment Funds OCC Risk Management

Federal Banking Agencies Finalize Supplementary Leverage Ratio Standards

The next step in the adoption of new capital standards will potentially cause the largest U.S. banking organizations to face more stringent minimum capital requirements. On April 8, the Board of Governors of the...more

4/11/2014 - Banks FDIC Federal Reserve Financial Regulatory Reform Leverage Capital Ratio OCC

Federal Reserve Finalizes U.S. and Foreign Bank Prudential Standards

The long-awaited standards establish significant structural, liquidity, risk management, and capital requirements for the largest U.S. and foreign banks operating in the United States, including new intermediate holding...more

3/3/2014 - Banks Dodd-Frank Federal Reserve Foreign Banks Prudential Standards

OCC Seeks to Formalize Risk Governance Expectations of Large Banks

The proposed guidelines demonstrate the Office of the Comptroller of the Currency’s continued emphasis on strong risk management for large banks. ...more

1/28/2014 - Banks FDIA FDIC Foreign Banks OCC Risk Management

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