Labor & Employment Consumer Protection

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For Whom the Ring Tones: TCPA Litigation and the Insurance Industry

Insurance companies are increasingly the subject of Telephone Consumer Protection Act (TCPA) lawsuits. Any insurance company that communicates with its customers, job applicants, and others by phone or text using an automated...more

All That Glitters Is Bitcoins?

What does an Irish electronic repairman, a sheriff from Kentucky, and a Finnish software developer all have in common? They are all getting paid in the hottest technological trend since Al Gore created the Internet: the...more

Capital Thinking: General Legislative

Senate Legislative Activity - The Senate will convene on Monday, July 28, at 2:00 pm. After any leader remarks, the Senate will proceed to Executive Session to resume consideration of Executive Calendar #929—Pamela...more

Director Cordray to testify at July 30 House hearing on alleged CFPB employee discrimination

On July 30, 2014, the House Financial Services Committee’s Subcommittee on Oversight and Investigations will hold a hearing titled “Allegations of Discrimination and Retaliation and the CFPB Management Culture.” Director...more

Organizations need to be "Internal Fraud Aware"

GlaxoSmithKline (GSK) knows how devastating fraud can be to an organization. The company, and its executives, have been accused by the Chinese government of funnelling hundreds of millions of dollars in bribes to...more

The Supreme Court Limits the President's Recess Appointment Power

In January 2012, President Obama made recess appointments of the first Director of the Consumer Financial Protection Bureau and two members of the National Labor Relations Board during a three day period when the Senate was...more

OIG updated work plan adds focus to information security, compensation, and distribution of civil penalty funds

The most notable items added by the Office of Inspector General (OIG) to its work plan, updated as of July 7, 2014, are audits of the CFPB’s information security program, pay and compensation program, and distribution of...more

A Whistleblower Hotline can protect against medical identity theft

Last year, medical identity theft affected nearly two million Americans - 32% more than the year before. This is a staggering number! And considering that today, medical identity theft accounts for 43% of all identity theft...more

CFPB: Industry should “start now” to comply with workplace diversity and inclusion standards

On June 26, 2014, I participated in a panel presentation at the MBA Strategic Markets and Diversity Summit, in Washington, D.C. Stuart Ishimaru, Director of the Consumer Financial Protection Bureau’s Office of Minority and...more

House Committee holds third hearing on alleged discrimination at the CFPB

Yesterday, the House Financial Services Committee’s Oversight and Investigations Subcommittee held a third hearing in its series of hearings addressing alleged discrimination at the CFPB. The Subcommittee heard testimony from...more

The Class Action Chronicle - Summer 2014

In This Issue: - Avoiding Class Certification Through an Offer of Judgment - CLASS CERTIFICATION DECISIONS: ..Decisions Granting Motions to Strike ..Decisions Denying Motions to Strike...more

House to hold third hearing on CFPB discrimination

The House Financial Services Committee’s Oversight and Investigations Subcommittee will be holding a hearing tomorrow entitled “Allegations of Discrimination and Retaliation within the Consumer Financial Protection Bureau,...more

Dodd-Frank News: May 2014: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

In This Issue: - RECENT CASES ..Preemption ..CFPB Involvement in Litigation ..CFTC Regulation of Retail Commodity Transactions ..Durbin Amendment ..Appraiser Disclosure Requirements Under...more

House holds second hearing on discrimination at the CFPB

On Wednesday of last week, the House Financial Services Committee held another hearing on alleged CFPB employee discrimination. At the hearing, which was titled “Allegations of Discrimination and Retaliation within the...more

CFPB Employee Review Disparities Go Beyond Race

The American Banker reported this week that the CFPB released an internal report that shows the disparities in employee evaluations on which we previously reported go beyond race. The report showed “statistically significant...more

OSHA Issues New Guidance for Consumer Credit Whistleblowers

On April 3, 2014, the United States Occupational Safety and Health Administration (“OSHA”) issued an interim final rule that establishes procedures and time frames for handling retaliation complaints under the Consumer...more

OSHA Increases its Whistleblowing Regulating Powers, Extending its Reach to Financial Institutions

While the Occupational Safety and Health Administration agency ("OSHA") may be more known for its worker safety programs, the agency also enforces the whistleblower provisions of the OSHA Act and twenty-one other statutes....more

House issues subpoenas in connection with investigation of alleged CFPB employee discrimination

According to a Politico report, the House Financial Services Committee’s Subcommittee on Oversight and Investigations voted yesterday to issue three subpoenas in connection with the Subcommittee’s investigation into alleged...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 Update: Aggressive OSHA Enforcement and "OSHA Jail"

OSHA has proposed its budget for fiscal year 2015 and there are already many contentious positions being taken regarding what had been hailed as overly aggressive enforcement positions by OSHA. Examples of overzealous...more

FTC Settles with Payday Lender over Alleged UDAAP Violations

The United States District Court for the District of South Dakota Central Division entered a final order and judgment approving a settlement between the FTC and a payday lender, in which the company agreed to pay civil money...more

OSHA Publishes Interim Final Rule for CFPA Whistleblower Claims

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

Department of Labor Issues Interim Final Employee Whistleblower Rule Under the Consumer Financial Protection Act

On April 4, 2014, the Department of Labor (DOL) issued an Interim Final Rule establishing procedures concerning the manner in which the Occupational Safety and Health Administration (OSHA) will address employee whistleblower...more

CFPB’s Office of Minority and Women Inclusion issues second annual report

The CFPB’s Office of Minority and Women Inclusion (OMWI) has issued its second annual report to Congress covering the OMWI’s activities in 2013. The Dodd-Frank Act required the CFPB and various other federal agencies...more

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

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