Traditionally, the Office of the Comptroller of the Currency (OCC) did not require a national bank seeking to engage in non-depository, trust-only activities (a “trust-only bank”) to obtain Federal Deposit Insurance...more
4/23/2013 - Dodd-Frank FDIC OCC Trust-Only Banks
Native American tribes increasingly are engaging in consumer lending over the Internet. These “tribal loans” present unique legal questions and issues, including whether tribal sovereign immunity shields tribes and their...more
4/5/2013 - CFPB Class Action FTC Lenders Payday Loans SCOTUS Sovereign Immunity Tribal Governments Tribal Loans Usury
Holding that recess appointments authorized by the Recess Appointments Clause of the U.S. Constitution are limited to “intersession recesses” – “the period between sessions of the Senate when the Senate is by definition not...more
3/5/2013 - Barack Obama Canning v NLRB CFPB De Facto Officer Doctrine Dodd-Frank Pro Forma Sessions Recess Appointments Richard Cordray
On January 10, the Consumer Financial Protection Bureau (CFPB) issued a final rule, as mandated by provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA), which requires mortgage lenders to consider...more
1/14/2013 - Ability-to-Repay Borrowers CFPB Dodd-Frank Loans Qualified Mortgage Rule Underwriting
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