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Commercial Real Estate Consumer Protection

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

Data Collection at Retail Properties - Risks and Recommendations

by King & Spalding on

Brick-and-mortar retailers and other property-level businesses have increasingly taken advantage of technology in learning about consumer behavior. Businesses can enhance consumer experiences through targeted marketing,...more

Rebuilding: Construction Considerations in the Wake of Disaster

by Jackson Walker on

Southeast Texas has started to move from immediate recovery, including evacuations and draining of flood waters, to removal of water-damaged materials in homes and business and preliminary efforts to start rebuilding....more

Financial Services Weekly News - July 2017 #3

by Goodwin on

Editor's Note - Going Strong to the Mic. The Office of the Comptroller of the Currency’s (OCC) proposed special purpose nondepository national bank charter for FinTech companies (FinTech Charter) has long been the source...more

OTA & Travel Distribution Update - July 14th, 2017

by Garvey Schubert Barer on

A number of updated and new stories in this week’s OTA & Travel Distribution Update for the week ending July 14, 2017. We hope you enjoy. Expedia’s MeetingMarket Now Speaks English [OTA/GROUP] ("Expedia extends...more

CFPB Loses Borders Case: the Court Construes RESPA’s Statutory ABA Exemption according to its Plain Language

by Foley & Lardner LLP on

On July 12, 2017, a federal district court in Kentucky issued a summary judgment ruling for the defense in the ongoing Borders & Borders case brought by the Consumer Financial Protection Bureau (CFPB or Bureau). In this...more

What NC Community Associations Need to Know about Fair Debt Collection

by Ward and Smith, P.A. on

Nearly all Community Associations ("Associations") must cope with owners who fail or refuse to pay their periodic assessments (also known as "Dues"). When this happens, the Association, typically acting through its property...more

CFPB Fines Real Estate Entities Over RESPA Violations

Targeting violations of the Real Estate Settlement Procedures Act (RESPA) by a mortgage lender, two real estate brokers, and a mortgage servicer, the Consumer Financial Protection Bureau (CFPB) announced almost $4 million in...more

RESPA Two-Step: CFPB Shows Continued Expansive Interpretation of Section 8

by Morrison & Foerster LLP on

On January 31, 2017, the Consumer Financial Protection Bureau (“CFPB”) announced a Consent Order (“Order”) with Prospect Mortgage LLC and certain of its affiliates (“Lender”). The CFPB alleged in the Order widespread...more

 OTA & Travel Distribution Update - Jan. 13th, 2017

by Garvey Schubert Barer on

OTA & Travel Distribution Update - Jan. 13th, 2017 Chinese tourists spend more via online travel agencies: report Chinese tourists spent more money via online travel agencies (OTA) thanks to rapid growth of e-commerce and...more

CFPB Hit by Major Setback in D.C. Circuit

by Morrison & Foerster LLP on

In a decision eagerly awaited by the financial services industry, the D.C. Circuit this week handed the Consumer Financial Protection Bureau (CFPB) a major defeat, throwing out a mortgage lender’s $109 million disgorgement...more

Consumer Financial Services Law - October 2016

Court to CFPB: Unconstitutional and Wrong on RESPA - The U.S. Court of Appeals for the D.C. Circuit has declared unconstitutional a core component of the structure of the Consumer Financial Protection Bureau (CFPB) and...more

Washington Insight - September 2016

by King & Spalding on

House Financial Services Committee Votes To Repeal And Replace Dodd-Frank - On September 13th, the House Financial Services Committee approved the Financial CHOICE Act of 2016 to repeal and replace key parts of the 2010...more

Sleep with an Eye Open: The New Age of Hotel Privacy Intrusion

A hotel is a personal place, even if you share it with thousands of other people. The very obscurity in a crowd can make you feel anonymous, and the private living space allows for the most private of conversations and...more

CFPB Proposes TRID Rule Clarifications

by Alston & Bird on

On Friday, July 29, 2016, the Consumer Financial Protection Bureau (CFPB) proposed revisions to the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA) Integrated Disclosure Rule (the “TRID Rule”),...more

CFPB Announces $10.6M Settlement with Mississippi Bank over Redlining

by Balch & Bingham LLP on

In a case that demonstrates the scope of the Consumer Financial Protection Bureau’s (“CFPB’s”) reach, the CFPB and Department of Justice (“DOJ”) have entered into a settlement with BancorpSouth totaling almost $10,600,000...more

Lessons Learned from the CFPB and DOJ's Latest Fair Lending Enforcement Action

by Baker Donelson on

On June 29, 2016, the Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) demonstrated the agencies' continued emphasis on fair lending with the announcement of a joint action against BancorpSouth...more

BC Takes Action to Protect Real Estate Sellers

by Bennett Jones LLP on

On May 10, 2016, BC Finance Minister Michael de Jong announced amendments to the Real Estate Services Regulation regarding the imposition of additional obligations on licensees (persons described in s 2 of the Real Estate...more

CFPB Director Cordray Responds to Senator Corker Letter

by Ballard Spahr LLP on

The CFPB responded to a letter from Senator Corker (R. Tenn.) requesting the Bureau to release official guidance on what constitutes a technical error under the TILA/RESPA Integrated Disclosure (TRID) rule and possible...more

Study: TRID Rules Have Increased Costs, Decreased Product Offerings

What kind of impact have the Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) requirements had on banks? According to a new study conducted by the American Bankers Association (ABA), the...more

Second Circuit Affirms Dismissal of Sherman Act Claims Due to Failure to Allege a Plausible Geographic Market

by K&L Gates LLP on

In Concord Associates, L.P., et al. v. Entertainment Properties Trust, No. 13-3933-cv (2d Cir. 2016), the U.S. Court of Appeals for the Second Circuit upheld the dismissal of a complaint alleging claims under the Sherman Act,...more

Federal Reserve Set to Update Regulation Z to Add CFPB Rules

by Goodwin on

On February 19, the Federal Reserve noticed an information collection regarding recent changes to Regulation Z. The Notice (81 Fed. Reg. 8492) explains that the Federal Reserve is planning to update Regulation Z to include a...more

The Equal Opportunity Enforcer

by Bryan Cave on

The CFPB has always said that one of its key missions is to level the playing field for bank and non-bank consumer financial services providers. CFPB Director Richard Cordray, when still only the Assistant Director of...more

Real Estate E&O Policy Exclusions Arising from Bank-Owned Properties

From the 2015 PLUS Conference session “2015 Real Estate E&O Trends,” Mike Smith (Axis Insurance Services), Eric Myers, RPLU (Victor O. Schinnerer & Co.) and Gary Shendell (Shendell & Pollock) discuss the real estate E&O...more

Property Developer attacks Restrictive Covenant before the Competition Appeal Tribunal

by K&L Gates LLP on

A property developer, High Peak Developments, is alleging that a restrictive covenant affecting the land surrounding a Tesco superstore is anti-competitive. High Peak has brought a damages claim under the new fast-track...more

Can Lenders Foreclose While a Borrower’s Loan Modification Application is Under Review?

by Dorsey & Whitney LLP on

A recent decision by the California Court of Appeal held that the practice called “dual tracking” – when a lender forecloses on a property while the borrower’s application for a loan modification is under review – violates...more

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