Stephen M. Quinlivan

Stephen M. Quinlivan

Stinson Leonard Street

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Latest Posts › CFPB


Can You be Regulated by the CFPB?

The Consumer Financial Protection Bureau, or CFPB, was created to enforce various consumer finance laws like the Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Home Mortgage...more

9/9/2015 - Banking Sector Banks CFPB Consumer Financial Products Consumer Lenders Creditors Debt Collectors Depository Institutions Financial Sector Financial Services Industry Loans Regulatory Oversight Residential Real Estate Market

Bank Has Standing to Challenge Constitutionality of CFPB

In State National Bank of Big Spring v. Lew, the United States Court of Appeals for the District of Columbia Circuit ruled that the plaintiff had standing to challenge the constitutionality of the CFPB. The Court made quick...more

7/24/2015 - Appeals Banking Sector Banks CFPB Enforcement Actions Financial Institutions FSOC GE Capital Retail Bank Recess Appointments Richard Cordray Standing

CFPB Publishes Over 7,700 Consumer Complaint Narratives About Financial Companies

The CFPB has gone live with an enhanced customer complaint data base. It now includes over 7,700 consumer descriptions of alleged problems they are facing with financial companies concerning mortgages, bank accounts, credit...more

6/26/2015 - CFPB Consumer Complaint System Consumer Financial Products Consumer Lenders

CFPB Finalizes Rules to Regulate Nonbank Auto Lenders

The CFPB adopted a final that allows the agency to supervise larger nonbank auto finance companies for the first time. The CFPB also released the examination procedures that its examiners will use. Currently, the Bureau...more

6/11/2015 - Abusive Acts Automotive Industry Automotive Loans CFPB Consumer Protection Act Credit Unions Dodd-Frank ECOA Financing Nonbank Firms TILA

CFPB Orders Mortgage Originator to Pay $19 Million for Steering Violations – CEO to Pay $1 Million

The CFPB filed a complaint in federal district court against RPM Mortgage, Inc. and its CEO, Erwin Robert Hirt, for illegally paying bonuses and higher commissions to loan originators to incentivize them to steer consumers...more

6/5/2015 - CFPB Civil Monetary Penalty Enforcement Actions Mortgage Lenders Mortgage Loan Originators Redress Payments Sales Commissions

CFPB Takes Action Against PayPal for Allegedly Signing Up Consumers for Unwanted Online Credit

The CFPB filed a complaint and proposed consent order in federal court against PayPal, Inc. The CFPB alleges PayPal illegally signed up consumers for its online credit product, PayPal Credit, formerly known as Bill Me...more

5/19/2015 - CFPB Credit Ratings Credit Reporting Agencies eBay PayPal

CFPB to Allow Consumers to Voice Public Complaints About Financial Companies

The CFPB is finalizing a policy to allow consumers to voice publicly their complaints about consumer financial products and services. When consumers submit a complaint to the CFPB, they now have the option to share their...more

3/20/2015 - CFPB Consumer Complaint System Consumer Financial Products

CFPB Investigating Credit Card Market

The CFPB announced it is seeking public comment on how the credit card market is functioning and the impact of credit card protections on consumers and issuers. This public inquiry will focus on issues including credit card...more

3/18/2015 - CARD Act CFPB Credit Card Agreements Credit Cards Debt Collection Public Comment UDAAP

Three Dodd-Frank Whistleblower Anti-Retaliation Claims Fail

Courts recently issued three opinions on the whistleblower anti-retaliation provisions of the Dodd-Frank Act. In Murray v. UBS Securities, LLC, Mr. Murray claimed he was terminated because he refused to skew his...more

3/4/2015 - Anti-Retaliation Provisions CFPB Dodd-Frank Injunctive Relief Mortgage-Backed Securities Popular Sarbanes-Oxley Termination UBS Whistleblowers

CFPB Addresses Medical Debt

The CFPB released a report that found medical debt has a significant impact on consumer credit, as 43 million Americans have overdue medical debt on their credit reports. The CFPB is concerned that the systems for incurring,...more

12/15/2014 - CFPB Credit Reporting Agencies Medical Debt

CFPB Takes Action Against ‘Buy-Here, Pay-Here’ Auto Dealer

The CFPB took its first action against a “buy-here, pay-here” car dealer. The CFPB alleged that the dealer, DriveTime, harmed consumers by making harassing debt collection calls and providing inaccurate credit information...more

11/21/2014 - Automotive Industry Automotive Loans Car Dealerships CFPB Debt Collection Enforcement Actions FDCPA

CFPB Finds Violation of Loan Originator Compensation Rule

The CFPB and Franklin Loan Corporation have asked a federal court to approve a consent order regarding alleged violations by Franklin Loan of the loan originator compensation rule. Franklin Loan did not admit or deny the...more

11/17/2014 - CFPB Consent Order Loan Originator Compensation Rule Popular

OIG Outlines Major CFPB Management Challenges

The Office of Inspector General, or OIG, of the Board of Governors of the Federal Reserve System has issued its first listing of major management challenges facing the CFPB. These challenges represent what OIG believes to be...more

10/31/2014 - CFPB Compliance Dodd-Frank Federal Reserve OIG Strategic Enforcement Plan

Regulators Approve Securitization Risk Retention Rule

Six federal agencies approved a final rule requiring sponsors of securitization transactions to retain risk in those transactions. The final rule implements the risk retention requirements in the Dodd-Frank Wall Street...more

10/23/2014 - CFPB Compliance Dodd-Frank FDIC Federal Reserve Risk Retention SEC

CFPB Considering Issuing No-Action Letters

The CFPB has issued a proposed policy where it would issue no-action letters in limited circumstances. The proposed policy is designed for new financial products or services where there may be uncertainty about how they fit...more

10/14/2014 - CFPB Dodd-Frank No-Action Letters

CFPB to Regulate Larger Nonbank Auto Lenders

The CFPB is proposing to oversee larger nonbank auto finance companies for the first time at the federal level. Currently, the Bureau supervises large banks making auto loans, but not nonbank auto finance companies. ...more

9/22/2014 - Automotive Loans Banks CFPB Nonbank Firms

Lender Agrees to Pay CFPB $2.75 Million Fine for Distorting Credit Records

The CFPB obtained a consent order from an auto finance company that allegedly distorted consumer credit records for years. The auto finance company, which according to the CFPB lends primarily to subprime borrowers, allegedly...more

8/22/2014 - Automotive Industry Automotive Loans CFPB Consent Order Credit Reports Lenders

CFPB Revises Mortgage Servicing Transfer Guidance

The CFPB believes there are potential risks to consumers that may arise in connection with transfers of residential mortgage servicing rights. The CFPB has stated its concern in this area remains heightened due to the...more

8/21/2014 - CFPB Mortgage Servicers Mortgages Real Estate Transfers

FNMA Survey Indicates QM Rules Lead to Increased Lender Costs

FannieMae has released a survey that indicates the CFPB’s Ability-to-Repay (“ATR”) and Qualified Mortgage (“QM”) rules will lead to increased lender costs. Specifically, most firms (74%) reported that they expect their...more

8/15/2014 - Ability-to-Repay CFPB Fannie Mae Mortgages Qualified Mortgage Rule

CFPB Cautions on Bitcoin and Begins Collecting Complaints on Virtual Currencies

The CFPB has issued a useful consumer advisory on virtual currencies. The advisory notes Bitcoin transactions may not be anonymous and “Information about each and every Bitcoin transaction is publicly shared and stored...more

8/12/2014 - Bitcoins CFPB Consumer Complaint System Popular Privacy Concerns Virtual Currency

CFPB Proposes Amendments to Home Mortgage Disclosure Act

The CFPB has proposed a rule to improve information reported about the residential mortgage market. According to the CFPB, the rule would shed more light on consumers’ access to mortgage credit by updating the reporting...more

7/25/2014 - CFPB Disclosure HMDA Mortgages

OSHA Publishes Interim Rule For Handling Whistleblower Retaliation Complaints

OSHA has published the interim final text of regulations governing the employee protection (or whistleblower) provisions of the Consumer Financial Protection Act of 2010, or CFPA, Section 1057 of the Dodd-Frank Wall Street...more

4/5/2014 - ALJ CFPB OSHA Retaliation Whistleblower Protection Policies Whistleblowers

CFPB Director Offers Views On Auto Lending

In a recent speech, CFPB Director Richard Cordray gave his views that the law specifies that the CFPB generally does not have jurisdiction over auto dealers and their practices, but the CFPB does have jurisdiction over the...more

11/19/2013 - Automotive Loans CFPB

CFPB Takes Action Against Inaccurate Mortgage Loan Reporting

The CFPB has ordered Mortgage Master, Inc. and Washington Federal to pay civil penalties for violating the Home Mortgage Disclosure Act, or HMDA, which requires certain mortgage lenders to accurately collect and report data...more

10/10/2013 - CFPB HMDA Mortgages Reporting Requirements

CFPB Warns Employers Against Exclusive Use Of Payroll Cards

The CFPB has published a bulletin expressing its view that employers cannot require their employees to receive wages on a payroll card. The bulletin also gives the CFPB’s view on some of the federal consumer protections that...more

9/13/2013 - CFPB Employer Liability Issues Minimum Wage Payroll Cards Wages

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