Rich Benenson

Rich Benenson

Brownstein Hyatt Farber Schreck

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U.S. Court of Appeals Rules Current Structure of CFPB Unconstitutional

The Consumer Financial Protection Bureau’s (CFPB) reign as an unchecked power just suffered a significant check. On Oct. 11, 2016, the U.S. Court of Appeals for the District of Columbia found that the CFPB’s structure was...more

10/15/2016 - Anti-Kickback Statute Appeals CFPB Constitutional Challenges Director Removal Dodd-Frank Government Agencies Mortgage Lenders PHH Corp. v CFPB Remand Removal At-Will Removal For-Cause RESPA Separation of Powers Single Director Vacated

New Jersey Courts Begin Limiting Broad Consumer Statute

National press and various legal publications have undertaken reporting on rapid developments involving New Jersey’s Truth in Consumer Contract, Warranty and Notice Act (“TCCWNA”), a previously overlooked consumer protection...more

10/4/2016 - Class Action Consumer Contracts Truth in Consumer Contracts Laws

Heads of the FTC Push Back on Chief Administrative Law Judge and Find Consumer Harm in LabMD Data Leak

On July 29, 2016, the three Federal Trade Commission (“FTC”) commissioners vacated their chief administrative law judge’s bold decision to dismiss the agency’s action against a medical testing lab, LabMD, In the Matter of...more

8/5/2016 - ALJ Data Breach FTC FTC Act FTC v Wyndham Imminent Harm LabMD Section 5 Security and Privacy Controls

Supreme Court Recognizes Implied Certification Claims, With Limits

On June 16, 2016, the Supreme Court issued an opinion in Universal Health Services v. United States ex rel. Escobar, a case in which the court evaluated the viability of the “implied certification” theory of liability under...more

6/23/2016 - False Claims Act (FCA) False Implied Certification Theory Federal Contractors Implied Certification Materiality Medicaid SCOTUS Universal Health Services Inc v United States ex rel Escobar

CFPB Releases Proposed Rule Restricting Arbitration Clauses

As expected, the Consumer Financial Protection Bureau (CFPB) used today’s field hearing in Albuquerque, N.M. to roll out a Notice of Proposed Rulemaking (NPRM) that would significantly limit companies’ ability to use...more

5/6/2016 - Arbitration CFPB Mandatory Arbitration Clauses NPRM

The CFPB Is Watching Online Marketplace Lending—So Should You

On March 7, 2016, the Consumer Finance Protection Bureau (“CFPB”) announced that its complaint database would now accept complaints from consumers encountering problems with loans from online marketplace lenders. According to...more

3/30/2016 - CFPB Consumer Complaint System Consumer Lenders Online Marketplace Lending Popular

New Ruling Challenges FTC Authority to Regulate Cybersecurity Based on “Possible Consumer Harm”

A Nov. 13, 2015 ruling supports the argument that various companies and lawyers have been making for years: the Federal Trade Commission is exceeding its authority in prosecuting cybersecurity breaches under Section 5 of the...more

1/12/2016 - ALJ Cybersecurity FTC Imminent Harm LabMD

California’s Plastic Microbeads Ban Moves the Bar for Cosmetic and Personal Care Companies Again

On October 8, 2015, California Gov. Jerry Brown signed into law one of the toughest bans in the nation on personal care products containing plastic microbeads. Plastic microbeads are frequently used by cosmetic companies in...more

10/21/2015 - Cosmetics Jerry Brown Microbeads Personal Care Products Wastewater

In The New Landscape of TCPA Litigation, No Industry Is Safe

In recent years, the number of private actions filed under the Telephone Consumer Protection Act (the “TCPA” or the “Act”) has risen sharply, but perhaps more concerning is that litigants are using the Act to target an...more

8/21/2014 - Capital One Class Action FCC Fines Robocalling Settlement TCPA

Watch Out: Your Competitors Can Now Make You the Target of a CFPB Investigation

Throughout its short history, the Consumer Financial Protection Bureau (“CFPB”) has asserted jurisdiction over various nontraditional consumer-related financial industries, from law firms to collection agencies and automobile...more

7/8/2014 - CFPB Employer Liability Issues Enforcement Enforcement Actions Investigations

CFPB’s Private Student Loan Payment Report Serves as a Guide to Preemptively Revising Loan Payment Policies

The CFPB released its student loan ombudsman report analyzing complaints that the CFPB received from private student loan borrowers. In its second annual review of student loan practices, the CFPB reported that lenders make...more

1/24/2014 - CFPB Loan Servicer Student Loans Tuition

CFPB Continues to Take Action Against Consumer-related Entities, including Law Firms

In recent years, banks, mortgage companies and lenders have served as targets for the Consumer Finance Protection Bureau (CFPB). The bureau actively promulgated multiple rules, re-interpreted case law and revised regulations...more

1/14/2014 - CFPB Debt Collection Payday Loans

CFPB Offers Potential Benefits If You Turn Yourself In, But Make Sure You Understand Your Options

Brownstein Hyatt Farber Schreck’s past Client Alerts have warned that the Consumer Financial Protection Bureau’s reach touches virtually every company that has any interaction with consumers. A recent Bulletin issued by the...more

8/8/2013 - CFPB Cooperation Initiative Remediation Self-Reporting

CFPB Proposes Modifying Mortgage Rules

CFPB Proposes Modifying Mortgage Rules - On June 24, 2013, the Consumer Financial Protection Bureau (CFPB) proposed seven separate “clarifications” and “narrow revisions” to certain mortgage rules it first issued in...more

7/26/2013 - CFPB Deadlines Mortgage Loan Originators Mortgages Proposed Regulation Real Estate Market

The CFPB Expands its Public Database and Makes it Easier to Target Your Company

On March 28, 2013, the Consumer Financial Protection Bureau (CFPB) announced that it was going to share its database with the public, thereby “creating greater transparency in consumer financial products and services.” It did...more

6/24/2013 - CFPB Consumer Complaint System Credit Reports Databases Money Transfer

You Need to Pay Attention to the Consumer Financial Protection Bureau

For those companies who pay attention to the always evolving regulatory environment as we do at Brownstein Hyatt Farber Schreck, you have likely heard the debate regarding the validity of rules promulgated by organizations...more

3/21/2013 - Borrowers CFPB Lenders Loans Mortgages Recess Appointments Richard Cordray Truth in Lending Act (TILA)

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