Obrea O. Poindexter

Obrea O. Poindexter

Morrison & Foerster LLP

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CFPB Report on Online Short-Term Lending Finds Borrowers Face Hidden Costs

On Wednesday, April 20, 2016, the Consumer Financial Protection Bureau (“CFPB,” or “Bureau”) released a report, entitled “Online Payday Loan Payments” (“Report”), which examines short-term, small-dollar loans—or payday...more

4/22/2016 - CFPB Lenders Online Payments Payday Loans

Lawmakers Request That the CFPB Consult With State Officials Before Proceeding With Its Proposed Rulemaking on Short-Term Lending

In an April 8, 2016 letter to Richard Cordray, Director of the Consumer Financial Protection Bureau (“CFPB,” or “Bureau”), Representatives Randy Neugebauer (R-TX) and Mick Mulvaney (R-SC) requested that the Bureau convene a...more

4/12/2016 - CFPB Payday Loans Richard Cordray Rulemaking Process Tribal Loans

OCC Announces Preliminary Framework on FinTech and Responsible Innovation

On March 31, 2016, the Office of the Comptroller of the Currency (“OCC”) released a white paper on financial technology innovation (“White Paper”), which lays out a preliminary framework for “responsible innovation.” The...more

4/7/2016 - Banking Sector CFPB FinTech Innovation OCC White Paper

CFPB Calls for Complaints About Marketplace Lenders

On March 7, 2016, the Consumer Financial Protection Bureau (“CFPB”) made its first official moves on “marketplace lending,” which also may be known as “peer-to-peer” lending. The CFPB described marketplace lending as the use...more

3/10/2016 - CFPB Consumer Complaint System Consumer Financial Products Online Marketplace Lending

Financial Services Report, Spring 2016

Why another law firm newsletter? Over ten years ago, Will Stern answered that question in the first Editor’s Note of the first Financial Services Report. Some things have changed since then—we no longer print and mail paper...more

3/9/2016 - Arbitration CFPB Credit Cards Customer Lists Cybersecurity Debt Collection DOJ EU-US Privacy Shield Fair Lending FCRA FDIC Federal Reserve FTC HMDA Mortgages OCC Payday Loans Preemption SEC TCPA Truth in Lending Act (TILA)

The CFPB Publishes Report on Prepaid Card Complaints

Today, the Consumer Financial Protection Bureau (“CFPB”) published its monthly complaint report, this time focusing on complaints about prepaid products. The complaint report notes that, as of February 1, 2016, the CFPB...more

3/2/2016 - CFPB Consumer Financial Products Credit Cards Prepaid Payment Products

CFPB Signals No Change in Course Is Likely on Its Short-Term Lending Proposal

On February 23, 2016, Consumer Financial Protection Bureau (“CFPB”) Director Richard Cordray signaled that the Bureau’s anticipated rulemaking on short-term lending is likely to closely resemble its March 2015 “Outline of...more

2/26/2016 - Ability-to-Repay CFPB Lenders Lending Payday Loans Short-Term Investments

CFPB Publishes No-Action Letter Policy Statement

On February 22, 2016, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) published its Final Policy Statement (“Final Policy”) on No-Action Letters (“NALs”). The Final Policy follows a Proposed Policy on...more

2/23/2016 - CFPB Final Action No-Action Letters Policies and Procedures

CFPB Reminds Companies of Automatic Debit Authorization Requirements

The Consumer Financial Protection Bureau (“CFPB”) issued a compliance bulletin (“Bulletin”) reminding entities of their obligation to obtain consumer authorization prior to automatically debiting a consumer’s account for...more

1/11/2016 - CFPB E-SIGN EFTA Prior Authorization Regulation E

CFPB Takes Action Against Lead Aggregators

On December 17, 2015, the Consumer Financial Protection Bureau (“CFPB”) announced that it has taken action against lead aggregators that resold sensitive personal information to lenders and debt collectors. In a complaint...more

12/23/2015 - CFPB Debt Collectors Enforcement Actions Lead Generators Lenders Personal Data UDAAP

CFPB Releases Second CARD Act Report

On December 3, 2015, the Consumer Financial Protection Bureau ("CFPB" or “Bureau”) released its second biennial report on the consumer credit card market (“Report”), as required by the Credit Card Accountability...more

12/11/2015 - CARD Act CFPB Credit Access Credit Cards Debt Collection Deferred Interest Products Rewards Programs

Financial Services Report, Winter 2015

BELTWAY - Finally Faster than Amazon Prime - The Federal Reserve Board recently announced that banks and other financial institutions that use its payments system will have to be able to process same-day...more

12/8/2015 - Arbitration Automotive Loans CFPB Crowdfunding Cybersecurity Federal Reserve FTC HMDA Preemption Redlining SEC Student Loans TCPA UDAAP Virtual Currency

Members of Congress Recommend Changes to the CFPB’s Proposed Prepaid Account Rule

The comment period to the CFPB’s Notice of Proposed Rulemaking for Prepaid Accounts (the “Proposed Rule”) closed in March, but 43 Members of Congress (42 Republicans and 1 Democrat) recently sent a letter to Director Cordray...more

10/8/2015 - Apple Pay CFPB Consumer Financial Products Debit and Credit Card Transactions Disclosure Requirements Overdraft Fees p2p Prepaid Payment Products Product Packaging Proposed Regulation Regulation Z Visa Inc

Department of Defense Adopts Significant Changes to Its Military Lending Act Regulations

On July 22, 2015, the Department of Defense (DOD) published sweeping changes to its rules that implement the Military Lending Act (MLA). The amended rules significantly expand the scope of the MLA provisions by covering both...more

8/3/2015 - Active Duty Amended Regulation Borrowers CFPB Consumer Reporting Agencies Credit Cards Creditors Department of Defense (DOD) Disclosure Requirements Finance Charges Lenders Loans Military Lending Act Payday Loans Regulation Z

CFPB Lays Out Consumer Protection Principles for New Payment Systems

Earlier today, the Consumer Financial Protection Bureau (“CFPB”) released a series of consumer protection principles for the development of new payment systems (“Principles”). The CFPB’s stated purpose in releasing the...more

7/10/2015 - CFPB Data Protection Federal Reserve Fraud Payment Systems Transaction Costs Transparency

Financial Services Report, Summer 2015

In This Issue: - Arbitration Report - Beltway Report - Bureau Report - Mobile & Emerging Payments Report - Mortgage & Fair Lending Report - Operations Report - Preemption Report -...more

6/9/2015 - Arbitration Agreements CashCall CFPB Consumer Bankruptcy Consumer Financial Products Creditors Debt Collection Debtor-Creditor Fair Lending Federal Arbitration Act Mobile Payments Mortgages TCPA

CFPB Files Proposed Consent Orders Related to Wireless Billing Practices

On May 12, 2015, the Consumer Financial Protection Bureau (the “CFPB”) filed proposed consent orders in federal courts that would settle allegations that two wireless carriers unfairly permitted their customers to be charged...more

5/15/2015 - Billing CFPB Consent Order Third-Party UDAAP Wireless Industry Wireless Internet Service Providers

CFPB Finalizes Rule Suspending Quarterly Submission of Credit Card Agreements

On April 15, 2015, the Consumer Financial Protection Bureau (“CFPB”) announced a final rule (“Final Rule”) that suspends for one year the requirement under the Truth in Lending Act and implemented by Regulation Z that credit...more

4/21/2015 - Banking Sector CFPB Consumer Lenders Credit Card Agreements Final Rules Regulation Z Truth in Lending Act (TILA)

CFPB Initiates Second CARD Act Review

On March 19, 2015, the Consumer Financial Protection Bureau (“CFPB”) published a notice and request for information (“2015 RFI”) regarding the impact of the Credit Card Accountability Responsibility and Disclosure Act of 2009...more

3/27/2015 - CARD Act CFPB Consumer Lenders Credit Cards Request For Information

CFPB Proposes Suspending Quarterly Credit Card Agreement Submission Requirements

On February 26, 2015, the Consumer Financial Protection Bureau (“CFPB”) published a proposed rule (“Proposed Rule”) that would suspend for one year the requirement that credit card issuers submit their agreements to the CFPB...more

3/2/2015 - CARD Act CFPB Credit Cards Proposed Regulation Regulation Z Truth in Lending Act (TILA)

CFPB Weighs in on Department of Defense Military Lending Act Proposed Rule

On December 29, 2014, the Consumer Financial Protection Bureau (CFPB) released a report, entitled “The Extension of High-Cost Credit to Servicemembers and Their Families” (“Report”). According to the CFPB, the Report provides...more

1/2/2015 - CFPB Consumer Lenders Department of Defense (DOD) Lenders Military Lending Act Military Service Members

CFPB Takes Action Against Carrier for Charging for Unwanted Services

On December 17, 2014, the Consumer Financial Protection Bureau (“CFPB”) announced that it had filed a lawsuit against a telecommunications carrier, alleging that the carrier was allowing third-party merchants to place...more

12/19/2014 - CFPB Cramming Enforcement Actions Fraudulent Charges Mobile Payments Sprint Telecommunications Third-Party UDAAP

Overview of the CFPB Prepaid Account Proposed Rule

On November 13, 2014, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule to regulate prepaid accounts (the “Proposed Rule”). The Proposed Rule follows the CFPB’s May 2012 advance notice of proposed...more

11/24/2014 - Banking Sector Banks CFPB Prepaid Payment Products Proposed Regulation Regulation E Regulation Z Rulemaking Process Truth in Lending Act (TILA)

Sweeping Prepaid Card Proposal Issued by CFPB

Today, the Consumer Financial Protection Bureau (“CFPB”) issued its long-awaited proposed rule to further regulate prepaid card products (the “Proposed Rule”). The Proposed Rule was the topic of discussion at a field hearing...more

11/14/2014 - CFPB Prepaid Payment Products Proposed Regulation

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