Cox Smith

CFPB Holds Hearing on Payday Loans and Releases Outline of Proposed Rules

At a field hearing in Richmond, Virginia today, Richard Cordray, the Director of the Consumer Financial Protection Bureau (“CFPB”), announced that his agency is very near proposing payday lending rules. The CFPB released a…more
| Finance & Banking, Consumer Protection

CFPB Signals Potentially Expanding Class Actions

Future CFPB regulations limiting the use of arbitration clauses in consumer financial reports seem likely in light of last week’s press release discussing the CFPB’s 782-page study finding that “arbitration clauses restrict…more
| Alternative Dispute Resolution (ADR), Finance & Banking, Consumer Protection

Top Business Risks For Cloud Computing

As anyone who watches television knows, cloud computing is a term that is as ubiquitous as “scalable” and “software as a service.” The decision to utilize cloud technology offers many benefits. But for the business lawyer…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Prepaid Card Programs Take Another Regulatory Hit

Prepaid card programs seem to be under greatly increased regulatory scrutiny lately. In addition to the 870 page rule the CFPB recently proposed to regulate prepaid card programs, the FDIC also recently released guidance that…more
| Administrative Law, Finance & Banking, Consumer Protection

Mortgage Loan Officer Status Clarified by U.S. Supreme Court

The Supreme Court has concluded that interpretations issued by a federal agency are not subject to rule-making processes, such as posting for comment. Thus, as a practical matter it upheld the interpretation —the latest in a…more
| Administrative Law, Civil Procedure, Labor & Employment Law

Texas Legislature Gets in Gear

The biennial Texas Legislative Session started January 13. Two months later, they are now setting committee hearings other than finance ones. But Mondays and Fridays are still pretty much travel days. So, last Friday I traveled…more
| Construction Law, Education, Elections & Politics, Finance & Banking, Taxation

CFPB Expected to Issue New Overdraft Rules in July 2015

New rules on overdraft protections and fees are a top regulatory priority for the CFPB this year. In its Fall 2014 Rulemaking Agenda, the CFPB noted that they were, “continuing to research overdraft services and considering…more
| Finance & Banking, Consumer Protection

Online Banking Alert: Registration For .bank gTLD Opening Soon

The much-anticipated <.bank> generic Top Level Domain (“gTLD”) may be available to verified members of the banking community as early as June 2015. <.bank> is being touted by the operator, fTLD Registry, LLC. (“fTLD”), as a…more
| Communications & Media Law, Finance & Banking, Intellectual Property, Science, Computers, & Technology

Proposed Federal Data Security Breach Notification Law

If you watched President Obama’s State of the Union last week, you may have heard him briefly discuss the data security breach notification legislation he has recently proposed. Although the President spent only a little more…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

“You might be a deposit broker!”

I recently read the brokered deposits FAQ from the FDIC and was a wee bit surprised to find out that I might be a deposit broker. In fact, there were several categories of persons that might surprise you as well. You…more
| Finance & Banking, Securities Law

My E-VERIFY Offers Social Security Self Lock to Texans

On January 13, 2015, U.S. Citizenship and Immigration Services (USCIS) expanded the availability of creating myE-Verify accounts and the use of the Self Lock feature to 16 additional states including Texas, New York and…more
| Labor & Employment Law, Immigration Law

Client Alert: Basel III Impact on Commercial ADC Loans

Basel III (updated capital rule) requires banks to maintain capital based in part on the riskiness of the assets in their portfolios. To the extent more capital is required to support a transaction, that transaction is likely to…more
| Construction Law, Finance & Banking, Real Estate - Commercial

TRIA’s Back . . . and There’s Going to be Trouble

Readers of a certain age may recall the Angels’ 1963 song “My Boyfriend’s Back,” which talked about a boyfriend who returned to rescue his steady girlfriend from lies and problems (“Hey-la-day-la my boyfriend’s back!”). Well,…more
| Civil Procedure, Commercial Law & Contracts, Elections & Politics, Insurance

Comment Period Closing for FHLB Membership Rule

On January 12, 2015, the comment deadline for the proposal by the Federal Housing Finance Agency (“FHFA”) to revise its regulations governing Federal Home Loan Banks (“FHLBs”) membership requirements will end. The proposal, if…more
| Finance & Banking, Real Estate - Residential

Client Alert: New Safe Harbor 402(f) Notice

On November 24, 2014, the Internal Revenue Service (IRS) issued Notice 2014-74, which updates and amends the safe harbor explanations for eligible rollover distributions to reflect recent changes in the law. …more
| Labor & Employment Law, Finance & Banking, Taxation
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Weston Centre 112 E. Pecan Street, Suite 1800
San Antonio, Texas 78205, United States

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