Alternative Dispute Resolution (ADR), Consumer Protection, Finance & Banking

Director Cordray’s appearance at Senate Banking Committee hearing yields arbitration news

by Barbara S. Mishkin | Ballard Spahr LLP on 4/25/2013

The only new item of information revealed by Director Cordray during his appearance yesterday before the Senate Banking Committee hearing (in response to a question from Senator Elizabeth Warren) was that he feels “quite...more

FTC Recommends Stronger Safeguards for Mobile Payments

by Karen H Bromberg | Cohen & Gresser LLP on 4/18/2013

With the use of mobile payments by consumers reaching “fever pitch”, the FTC has released a new report entitled, “Paper, Plastic… or Mobile? An FTC Workshop on Mobile Payments,” discussing how companies can develop mobile...more

CFPB responds to arbitration study inquiry from Republican House members

by Alan S. Kaplinsky | Ballard Spahr LLP on 4/8/2013

Last April, the CFPB announced that it was beginning its study of consumer arbitration as mandated by Section 1028 of the Dodd-Frank Act. Last week, nearly a year after that announcement, David Silberman, the CFPB’s Associate...more

FTC Recommends Consumer Protections for Mobile Payment Industry

by Wilson Sonsini Goodrich & Rosati on 4/1/2013

The Federal Trade Commission (FTC) has released a staff report on mobile payments, which identifies and makes recommendations for three key issues in the mobile payment industry that the FTC believes present consumer...more

Dodd-Frank News - March 2013: Dodd-Frank Wall Street Reform And Consumer Protection Act Monthly Update

by Rachel Cash, David Elliott, Kristin Peters, Jordan Teague | Burr & Forman on 3/27/2013

In This Issue: - Recent Cases ..CFTC Jurisdiction Under the Commodity Exchange Act ..Dodd-Frank Amendment to the TILA ..Preemption ..Say-On-Pay Voting ..Pre-Dispute Arbitration Agreements ...more

Financial Services Report - Spring 2013

Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or...more

CFPB issues final rules on incentives and mandatory arbitration

by Joey Tsu-Yi Chen, Donald Rea | Saul Ewing LLP on 1/28/2013

The CFPB issued final rules reducing the financial incentives for loan officers and brokers in "risky and high-cost" consumer loans and toughening qualification standards for loan originators....more

CFPB Issues Final Rule on Loan Originator Compensation Requirements

by Richard J. Andreano, Jr., John D. Socknat, Michael S. Waldron | Ballard Spahr LLP on 1/23/2013

The CFPB has issued a final rule to incorporate Dodd-Frank requirements into the existing Regulation Z loan originator compensation rule that applies to mortgage loans....more

CFPB semiannual regulatory agenda: missing items and other mysteries

by Alan S. Kaplinsky | Ballard Spahr LLP on 1/14/2013

The CFPB has issued its semiannual regulatory agenda which identifies seven regulatory matters that the CFPB “reasonably anticipates” having under consideration during the period from October 1, 2012 to October 1, 2013....more

Financial Services Report -- Winter 2012

by Michael J. Agoglia, Leonard N. Chanin, Patrick H. Fischer, Charles M. Horn, Oliver I. Ireland, Rebekah Kaufman, Jim McCabe, Daniel A. Nathan, Thomas J. Noto, Obrea O. Poindexter, more +Sean Ruff, Andrew M. Smith, Dwight C. Smith, III, Nathan David Taylor, Nancy R. Thomas | Morrison & Foerster LLP on 12/18/2012

In This Issue: Bureau Report; Operations Report; Beltway Report; Arbitration Report; Mortgage Report; Privacy Report; Preemption Report; and Plastics Report. Excerpt from the Bureau Report: World’s Most...more

Supreme Court Passes on Appeals of Overdraft Litigation Decisions

by BuckleySandler LLP on 10/16/2012

On October 9, the U.S. Supreme Court denied the petitions for writ of certiorari filed by plaintiffs in two cases challenging the overdraft billing practices of certain banks. Hough v. Regions Financial Corp., No. 12-1139,...more

Financial Services Report -- Fall 2012

by Morrison & Foerster LLP on 10/5/2012

In This Issue: Beltway Report; Bureau Report; Operations Report; Arbitration Report; Mortgage Report; Privacy Report; Plastics Report; and Preemption Report. Excerpt from Beltway Report MOU on Supervisory...more

CFPB releases comments on arbitration study

by Ballard Spahr LLP on 6/28/2012

Earlier this week, we shared the comment letter that was filed jointly by the American Bankers Association, the Consumer Bankers Association and The Financial Services Roundtable in response to the CFPB’s Request for...more

Trade groups comment on CFPB arbitration study

by Ballard Spahr LLP on 6/25/2012

The American Bankers Association, the Consumer Bankers Association and The Financial Services Roundtable have filed a joint comment letter responding to the CFPB’s Request for Information Regarding Scope, Methods, and Data...more

CFPB Seeks Input on Study of Mandatory Arbitration Clauses

by Loeb & Loeb LLP on 5/18/2012

The Consumer Financial Protection Bureau (CFPB) has launched the preliminary stage of its study into the use of mandatory arbitration clauses by issuing a Request for Information to the public asking for suggestions about how...more

Some views from the other side

by Ballard Spahr LLP on 5/10/2012

We think two posts by Deepak Gupta that recently appeared on the Consumer Law & Policy Blog make for interesting reading. Last July, on our blog, we wrote about how the hiring of Mr. Gupta by the CFPB’s Office of General...more

CFPB Investigates Benefit of Arbitration Agreements

by Venable LLP on 5/1/2012

The Consumer Financial Protection Bureau (“CFPB” or “Bureau) has started a process that could lead to the eventual unraveling of recent Supreme Court decisions that have upheld consumer arbitration in class-action lawsuits...more

Supreme Court Upholds Mandatory Pre-dispute Arbitration Clause in Credit Card Agreements

by Victoria Holstein-Childress on 2/8/2012

This article by Victoria Holstein-Childress discusses mandatory pre-dispute arbitration clauses in consumer financial services contracts and the Supreme Court's January 2012 decision in Compucredit v. Greenwood. In...more

Second Circuit (Again) Rules that Arbitration Clauses that Diminish Vindication of Federal Claims are Not Enforceable

by Victoria Holstein-Childress on 2/4/2012

This article by Victoria Holstein-Childress discusses mandatory pre-dispute arbitration clauses in consumer financial services contracts and the Second Circuit Court of Appeals' February 2012 decision in In re American...more

Exploring Consumer Arbitration Provisions after CompuCredit v. Greenwood

by Venable LLP on 1/25/2012

In this presentation; - Introduction - How we got here… - Credit Repair Organizations Act - CompuCredit v. Greenwood and AT&T Mobility v. Concepcion - Looking to the Horizon – What’s next? -...more

Supreme Court and Congress Focus on Mandatory Pre-Dispute Arbitration Agreements

by Victoria Holstein-Childress on 1/13/2012

This article by Victoria Holstein-Childress and reprinted from the Westlaw Journal, Corporate Officers & Directors Liability, discusses mandatory pre-dispute arbitration clauses in consumer financial services contracts and...more

Supreme Court Takes Up Credit Repair Case on Arbitration: Implications for Credit Counseling Agencies

by Venable LLP on 10/14/2011

AICCCA's The Independent Counselor On October 11, 2011, the U.S. Supreme Court will hear the case of CompuCredit Corp. v. Greenwood, which asks the question whether claims arising under the Credit Repair Organizations...more

The Impact of AT&T Mobility v. Concepcion on Financial Services Companies: Inclusion of Arbitration Clauses in Customer Contracts...

by Sutherland Asbill & Brennan LLP on 5/25/2011

On April 27, 2011, the U.S. Supreme Court held in a 5-4 decision that the Federal Arbitration Act (FAA) preempted California’s Discover Bank rule, which deemed unenforceable most mandatory consumer arbitration agreements that...more

InfoBytes, April 29,2011 - Weekly In-depth review of news & developments in the financial services industry

by BuckleySandler LLP on 4/29/2011

Topics In This Issue • Federal Issues • Courts • Firm News • Miscellany • Mortgages • Banking • Litigation • Criminal Enforcement Action Federal Issues FTC Returns $1.5 Million to Hispanic...more

U.S. Supreme Court Bars Class-Action Arbitration Absent Contractual Agreement

by David Almeida on 4/30/2010

In Stolt-Nielsen S.A. v. AnimalFeeds International Corporation, the United States Supreme Court recently held that a party may not be compelled under the Federal Arbitration Act (“FAA”) to submit to class...more

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Alternative Dispute Resolution (ADR) › Consumer Protection › Finance & Banking