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Administrative Agency Consumer Protection Labor & Employment

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Divided NLRB Rules Employer Policy Protecting Customer Information Is Lawful

Employers can prohibit the use by employees of the names, social security numbers and credit card numbers of customers in furtherance of organizational activities. If this seems like it should have been a foregone conclusion,...more

Protecting Food Industry Whistleblowers: FDA, OSHA team up under FSMA

by Thompson Coburn LLP on

In 2011, when the Food Safety Modernization Act was passed, it sought to revamp food safety in the United States. Since then, the Food and Drug Administration (FDA) has been hard at work passing regulations to implement the...more

Financial Services Weekly News - June 2016 #2

by Goodwin on

Regulatory Developments - CFPB Proposed Rule to Limit Payday Lending and Other High Cost Loans - On June 2, the Consumer Financial Protection Bureau (CFPB) proposed a rule designed to limit payday loans, auto title...more

CFPB Fines Military Allotment Processor $3.1 Million

by McGuireWoods LLP on

Last week, the Consumer Financial Protection Bureau (CFPB) filed a consent order with Fort Knox National Co. and its subsidiary Military Assistance Co. (MAC), alleging that the companies duped U.S. military service members...more

House Republicans ask CFPB and banking agencies to disclaim “Operation Choke Point”

by Ballard Spahr LLP on

Six Republican members of the House Financial Services Committee, including Chairman Jeb Hensarling, have sent identical letters to the CFPB, OCC, Fed and NCUA asking each agency to “publicly disclaim [its] past, present, and...more

How might the Supreme Court’s decision in Perez v. MBA affect the CFPB?

by Ballard Spahr LLP on

The U.S. Supreme Court’s recent decision in Perez v. Mortgage Bankers Ass’n invalidated a significant line of D.C. Circuit case law known, after the leading case, as the Paralyzed Veterans doctrine. A case involving a series...more

DOJ Announces Two More ‘Operation Choke Point’ Settlements

by Ballard Spahr LLP on

With the recent announcement by the U.S. Department of Justice (DOJ) that it had settled separate lawsuits against two small banks charged with facilitating consumer fraud through their relationships with third-party payment...more

OSHA Issues Long-Awaited SOX Whistleblower Rule

On March 5, 2015, OSHA issued a long-awaited Final Rule regarding SOX whistleblower procedures and related matters. The new Final Rule will replace the Interim Final Rule enacted in 2011, after Dodd-Frank amended SOX. The...more

Where There’s Smoke, There’s Proposed Regulation: FDA Seeks to Bring E-Cigarettes Within Its Regulatory Authority

On April 24, 2014, the Food and Drug Administration (“FDA”) released a proposed rule (the “Proposed Rule”) that will expand its authority to regulate items like electronic cigarettes (“e-cigarettes”). The Proposed Rule...more

OSHA Publishes Interim Final Rule for CFPA Whistleblower Claims

by Morgan Lewis on

Companies providing consumer finance products or services should review policies and training materials to ensure compliance. On April 3, the Occupational Safety and Health Administration (OSHA) published an interim...more

CFPB employee testifies at House hearing on alleged CFPB employee discrimination

by Ballard Spahr LLP on

At yesterday’s hearing on alleged CFPB employee discrimination conducted by the House Financial Services Committee’s Subcommittee on Oversight and Investigations, a CFPB employee is reported to have testified that the agency...more

Employers Should Use Revised FCRA Disclosure for Employees and Job Applicants

Employers who use consumer reports as part of their decision-making process in the hiring, promotion or firing of employees should note the attached “A Summary of Your Rights under the Fair Credit Reporting Act” issued by the...more

New Federal Agency Rings In The New Year With New FCRA Background Check Forms

by Pierce Atwood LLP on

Employers that use third parties to perform background checks on applicants or employees must start using new Fair Credit Reporting Act (FCRA) forms immediately. The new Consumer Financial Protection Bureau, which is...more

Background Checks: Updated “Summary of Consumer Rights” Required Under Fair Credit Reporting Act

by Thompson Coburn LLP on

Start the new year out right by using the updated “Summary of Consumer Rights” form, required as of January 1, 2013, to comply with the Fair Credit Reporting Act (“FCRA”). Even if you updated your form earlier in 2012, you...more

Legal Alert: Employers Must Be Prepared To Use Revised FCRA Forms Beginning January 1, 2013

by FordHarrison on

Beginning January 1, 2013, employers must use the revised forms issued by the Consumer Financial Protection Bureau (CFPB) in November 2012 to conduct background checks under the Fair Credit Reporting Act (FCRA). ...more

It’s Time For Employers To Update Their FCRA Forms

by Cole Schotz on

By January 1, 2013, employers who conduct background checks on applicants or employees will be required to use the updated Fair Credit Reporting Act (“FCRA”) forms. ...more

CFPB’s Most Recent Changes to FCRA Forms May Foreshadow Active Oversight of Employers

by Ballard Spahr LLP on

The Consumer Financial Protection Bureau (CFPB) has issued another reminder that, effective January 1, 2013, it will assume responsibility for enforcing the Fair Credit Reporting Act (FCRA). Earlier this year, the CFPB...more

eTrends - By January 1, 2013, FCRA Forms Must be Updated

by Smith Anderson on

By January 1, 2013, employers and consumer reporting agencies must use revised, updated forms for certain notices required by the Fair Credit Reporting Act (FCRA). The revisions indicate that the recently created Consumer...more

Corrected Forms from Consumer Financial Protection Bureau

As discussed in an earlier blog post, the Consumer Financial Protection Bureau (CFPB) — which now has the responsibility of enforcing the federal Fair Credit Reporting Act (FCRA), a role previously held by the Federal Trade...more

Medical Marijuana and Work: Where We Stand Now

by Pullman & Comley, LLC on

It’s been nearly two months since Connecticut’s “medical marijuana” law became effective. Yet many employers have been blissfully ignorant about what the law provides, perhaps because Connecticut does not yet have a...more

Governor Signs New Law On Disability Access Complaints

California has been a haven for plaintiffs’ attorneys suing for ADA (American With Disabilities Act) violations because of existing law that provided up to $4000 in statutory damages, along with attorneys fees for every...more

Mortgage Banking Update - November 02, 2012

by Ballard Spahr LLP on

In This Issue: - CFPB and FHFA Begin Developing Nationwide Mortgage Database - Federal Court Finds County Recorder's Office Has Standing To Pursue Claims Against MERS - CFPB Issues Final Debt Collection Larger...more

Employers Must Update FCRA-Required Forms

by Ballard Spahr LLP on

The Consumer Financial Protection Bureau (CFPB) has released new regulations requiring employers to update forms mandated by the Fair Credit Reporting Act (FCRA) by January 1, 2013. The changes consist primarily of...more

Employers Required to Use New FCRA Notices Effective January 1, 2013

by McNees Wallace & Nurick LLC on

The newly created Consumer Financial Protection Bureau (“CFPB”) recently issued regulations that modify the notices required under the Fair Credit Reporting Act (“FCRA”). The new regulations include one change that is...more

Mortgage Banking Update - October 4, 2012

by Ballard Spahr LLP on

In This Issue: - Maryland Ruling Highlights Risks of Mortgage Loans Secured by Property Under Litigation - FDIC Revises Classification System for Citing Violations - CFPB Settlement Requires $112.5 Million...more

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