Tiffany Cheung

Tiffany Cheung

Morrison & Foerster LLP

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Financial Services Report, Fall 2016

Editor’s Note - So much for summer! The weather is cooling, the kids are back to school, and we better not see you wearing white so long after Labor Day! For those of you having a little trouble getting back in the...more

9/21/2016 - Anti-Money Laundering Arbitration CFPB Civil Monetary Penalty Debt Collection Digital Currency EU EU-US Privacy Shield Fair Lending FDIC FinCEN Foreclosure FTC Homeowner Bill of Rights Mortgage Lenders Municipalities OCC Online Banking SEC Standing Tax Revenues TCPA Telemarketing Volcker Rule

FCC issues NPRM on TCPA Exemption for U.S. Government Debt

In response to a provision in the Bipartisan Budget Act of 2015 (Pub. L. No. 114-74), the Federal Communications Commission (FCC or the “Commission”) has promulgated a notice of proposed rulemaking (NPRM) regarding the new...more

5/18/2016 - Bipartisan Budget Debt Collection FCC Federal Loans NPRM TCPA

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)

U.S. Supreme Court Closes One Door to Mooting a Plaintiff’s Claims, but Potentially Opens Another

On January 20, 2016, the United States Supreme Court issued its decision in Campbell-Ewald Company v. Gomez, No. 14–857 (Jan. 20, 2016), holding that a defendant cannot moot a plaintiff’s claim under Article III of the U.S....more

1/25/2016 - Campbell Ewald v Gomez Class Action Class Representatives Genesis Healthcare Corp. v. Symczyk Mootness Rule 68 SCOTUS Settlement Offer TCPA

Do NOT Leave a Message at the Tone

The Fifth Circuit recently reversed partial summary judgment in favor of the plaintiff in a TCPA claim, finding that summary judgment instead should have been granted to the defendant on four of the seven calls at issue....more

1/19/2016 - Partial Summary Judgments Remand Reversal Robocalling TCPA

Dead on Arrival

After noting at oral argument that the plaintiff’s TCPA claim was one of the “silliest” the court had ever encountered, the Ninth Circuit issued an order affirming dismissal of the plaintiff’s suit. Roberts v. Paypal, Inc.,...more

1/12/2016 - Dismissals FCC PayPal Prior Express Consent Summary Judgment TCPA Text Messages

Is Your iPhone an Autodialer?

The Third Circuit has become the first appellate court to endorse the FCC’s broad definition of “autodialer” under the TCPA. In a July 10 declaratory ruling, the FCC defined “autodialer” as any device with the capacity to...more

1/5/2016 - Auto-Dialed Calls FCC iPhone Reversal TCPA

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

FCC Clarifies Its Interpretations of the Telephone Consumer Protection Act, Provoking Strong Objections From the Business...

On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking...more

7/28/2015 - Auto-Dialed Calls Call Blocking Exemptions Exigent Circumstances FCC Mobile Devices Prior Express Consent Reassigned Phone Numbers Revocation Robocalling Smartphones TCPA Telemarketing Wireless Devices

FCC Issues Package of New Declaratory Rulings Concerning Telephone Consumer Protection Act

On July 10, 2015, the Federal Communications Commission (FCC) released a 140-page Omnibus Declaratory Ruling and Order in response to more than two dozen petitions from businesses, attorneys general, and consumers seeking...more

7/20/2015 - Auto-Dialed Calls Call Blocking Common Carriers Declaratory Rulings Exemptions FCC Opt-Outs Prior Express Consent Revocation Robocalling Smartphones TCPA Telemarketing Text Messages VoIP Wireless Devices Wireless Industry

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

Impending Declaratory Ruling on Pending FCC TCPA Petitions Portends Stricter Enforcement

The Telephone Consumer Protection Act (TCPA), which generally prohibits certain calls to cell phones made with an Automatic Telephone Dialing System (ATDS), has created considerable compliance challenges for businesses, and...more

6/2/2015 - Advertising ATDS FCC Marketing TCPA Texting

Financial Services Report - Spring 2015

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

3/10/2015 - Arbitration Banking Sector Consumer Financial Products FIRREA Mobile Banking Mortgages Payment Systems

Advertisements Invite Calls: FCC Seeks Comments on Request to Find Automated Calls Consensual When Recipient Advertised Number

The Federal Communications Commission (FCC) seeks comment on a petition asking that the FCC clarify the scope of “prior express consent” under the Telephone Consumer Protection Act (TCPA). Specifically, Citizens Bank asks the...more

2/19/2015 - Advertising Cell Phones Faxes FCC Prior Express Consent Robocalling TCPA Telemarketing

Financial Services Report - Winter 2014

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

12/19/2014 - Arbitration Banking Sector Banks Consumer Financial Products Dodd-Frank Fair Lending Federal Reserve Mobile Payments Mortgages Payment Systems Privacy Laws Regulation AA Structured Financial Products TCPA

FCC Seeks Comments on Request to Exempt Fraud and Identity Theft Notifications from TCPA’s Coverage

The Federal Communications Commission (FCC) is seeking input on the American Bankers Association’s (ABA) petition requesting that the FCC exempt certain time-sensitive informational notifications from the Telephone Consumer...more

11/18/2014 - American Bankers Association Exemptions FCC Fraud Identity Theft TCPA Text Messages

Financial Services Report - Fall 2014

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

9/18/2014 - Banking Sector Banks CFPB Data Breach Debt Collection Federal Reserve Lending Mortgages OCC Privacy Policy RESPA Robo-Signing TCPA Volcker Rule

Financial Services Report, Summer 2014

In This Issue: - Beltway Report - Bureau Report - Mobile Payments - Mortgage and Fair Lending Report - Operations Report - Preemption Report - Privacy Report - Arbitration Report - TCPA...more

6/9/2014 - Banks Cybersecurity Data Protection Encryption Fair Lending FDIC FFIEC Financial Regulatory Reform Heartbleed Mobile Payments Mortgages OCC OIG Popular RESPA SCRA TCPA Truth in Lending Act (TILA) Volcker Rule

Financial Services Report - Quarterly News, Winter 2013

Editor’s Note - Stuff didn’t happen this quarter. Lots of it. The federal government didn’t happen for two weeks in October, which caused some to celebrate and others to wring their hands and clamor for a strong,...more

12/11/2013 - Affordable Care Act CARD Act HAMP Healthcare HMDA HOLA HUD

Out of the Box - Legal guidance for the consumer product + retail industry: Volume 1, Issue 2, September 2013

In This Issue: From Flying Robots to Logistics Bliss: A Case Study; FCC’s New TCPA Rule; and Consumer Rights Set to Change in Europe. Excerpt from From Flying Robots to Logistics Bliss: A Case Study - The...more

10/2/2013 - Consumer Rights Directive EU FCC Internet Retailers Retailers Robocalling TCPA Telemarketing Texting Warehouses Websites

Financial Services Report - Quarterly News, Fall 2013

In This Issue: Beltway Report; Bureau Report; Privacy Report; Mobile Payments Report; Mortgage Report; Operations Report; Preemption Report; Arbitration Report; and TCPA Report. Excerpt from Beltway Report:...more

9/17/2013 - Arbitration EFTA Federal Reserve Mobile Payments Mortgages Preemption Privacy Policy TCPA

Socially Aware: The Social Media Law Update -- Volume 4, Issue 1 -- January/February 2013

In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we...more

2/1/2013 - Browser History Sniffing Communications Decency Act Copyright Data Collection Facebook FCC FTC Online Privacy Protection Act Passwords Privacy Policy Social Media Social Media Policy TCPA Texting Twitter

FCC Rules that Opt-Out Confirmation Text Messages Do Not Violate the TCPA

Waves of class actions have recently alleged that the delivery of an opt-out confirmation text message violates the Telephone Consumer Protection Act (“TCPA”). Thus, a Federal Communications Commission (“Commission”)...more

12/10/2012 - Class Action FCC TCPA Texting

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