Richard Gottlieb

Richard Gottlieb

Manatt, Phelps & Phillips, LLP

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Consumer Financial Services Law - October 2016

Court to CFPB: Unconstitutional and Wrong on RESPA - The U.S. Court of Appeals for the D.C. Circuit has declared unconstitutional a core component of the structure of the Consumer Financial Protection Bureau (CFPB) and...more

10/14/2016 - CFPB Constitutional Challenges Credit Card Surcharges Credit Cards Department of Business Oversight FTC Kickbacks Lead Generators Mortgages PHH Corp. v CFPB RESPA Truth in Lending Act (TILA)

Court to CFPB: Unconstitutional and Wrong on RESPA

In a landmark decision impacting the consumer financial services industry and beyond, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit has declared unconstitutional a core component of the structure of...more

10/12/2016 - Administrative Proceedings Article II CFPB Constitutional Challenges Dodd-Frank HUD Kickbacks Mortgages PHH Corp. v CFPB Referral Fees Reinsurance Removal For-Cause RESPA Single Director Statute of Limitations Statutory Interpretation

House to Consider Financial CHOICE Act

The full House of Representatives will now consider Rep. Jeb Hensarling's (R-Texas) legislative proposal to repeal the Dodd-Frank Consumer Protection and Wall Street Reform Act after it passed out of a committee. What...more

10/4/2016 - Bankruptcy Code CFPB Dodd-Frank SEC Volcker Rule

To Arbitrate or Not to Arbitrate? Groups Comment on CFPB Proposal

As the deadline for input nears, stakeholders on both sides of the issue filed comments weighing in on the Consumer Financial Protection Bureau’s (CFPB or the Bureau) proposal on arbitration....more

9/21/2016 - Arbitration CFPB Class Action Financial Institutions Mandatory Arbitration Clauses

Spokeo Can't Help Bank Avoid $6.2M Settlement

Invoking the recent U.S. Supreme Court decision in Spokeo v. Robins, a federal court in New York held that a bank remained on the hook for a $6.2 million class action settlement. What happened - Plaintiffs were...more

8/31/2016 - Article III Class Action Corporate Counsel Injury-in-Fact Mortgage Satisfaction Notice Mortgages Settlement Spokeo Spokeo v Robins Standing Statutory Damages

Bank of America Wins Reversal of FIRREA $1.27B Penalty

A breach of contract is insufficient to also support a claim for fraud, the Second Circuit Court of Appeals has ruled, reversing a $1.2 billion verdict against Countrywide Home Loans in the process. What happened...more

6/28/2016 - Bank of America Breach of Contract Burden of Proof Common Law Torts Countrywide Fannie Mae FIRREA Fraud Freddie Mac Material Misrepresentation Mortgages Reversal

SCOTUS Declines Hearing Madden: Are Industry Repercussions Limited?

In a disappointing move, the Supreme Court today denied the petition by Midland Funding to hear the case Madden v. Midland Funding. But could the inaction by the Supreme Court be much ado about nothing?...more

6/28/2016 - Banking Sector Choice-of-Law Debt Buyers Debt Collection Interest Rates Loans Madden v Midland Funding National Bank Act Personal Liability Petition for Writ of Certiorari Preemption SCOTUS Usury

Supremes Require Actual Harm to Pursue FCRA Claims

In a carefully drawn 6-2 decision authored by Justice Samuel Alito, the Supreme Court of the United States has today ruled in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a claim for...more

5/17/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing

Treasury Issues White Paper on Marketplace Lending

On May 10, 2016, the U.S. Department of the Treasury released its highly anticipated white paper on online marketplace lending. Treasury's recommendations will likely be influential in U.S. regulation of this marketplace for...more

5/13/2016 - Online Marketplace Lending Request For Information U.S. Treasury

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