MoFo Reenforcement

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Firm Profile: Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105-2482, United States
Phone: (415) 268-7000
Fax: (415) 268-7522
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The Madden Saga Continues: On Remand, Madden Survives Summary Judgment and District Court Certifies Class

On February 27, 2017, the U.S. District Court for the Southern District of New York in part denied a renewed motion by Midland Funding, LLC (“Midland”) to dispose of claims brought by Saliha Madden (“Madden”) under the Fair Debt…more
 /  Business Organizations, Civil Procedure, Finance & Banking

D.C. Circuit Grants En Banc Review on the Constitutionality of the CFPB Leadership Structure

CFPB Director Richard Cordray has a little more job security this week than last week. On February 16, 2017, the U.S. Court of Appeals for the District of Columbia granted the CFPB’s request for an en banc review of its October…more
 /  Constitutional Law, Consumer Protection, Finance & Banking, Labor & Employment Law

Whither the CFPB? In Uncertain Times, Rep. Hensarling’s Vision May See New Life

Given the outcome of the presidential election, the focus is now on President-Elect Trump’s campaign promises to scale back the Dodd-Frank Act and pursue deregulation of financial services. As of now, little is known about…more
 /  Administrative Law, Consumer Protection, Elections & Politics, Finance & Banking

D.C. Circuit Rules CFPB Unconstitutional, and Wrong on RESPA

The D.C. Circuit held today that the single-director structure of the CFPB violates Article II of the United States Constitution, and added important substantive rulings on the Real Estate Settlement Procedures Act (RESPA)…more
 /  Administrative Law, Constitutional Law, Consumer Protection, Finance & Banking, Real Estate - Residential

CFPB and California Announce Enforcement Actions Against Online Lender

On Tuesday, September 27, 2016, the CFPB and the California Department of Business Oversight (“DBO”) announced separate enforcement actions against Flurish, Inc., an online lender that does business as “LendUp” in California and…more
 /  Business Organizations, Civil Remedies, Consumer Protection, Finance & Banking

FTC Announces FinTech Forum on Crowdfunding, Peer-to-Peer Payments

On August 3, 2016, the Federal Trade Commission (FTC) released two items in connection with its series of events on the implications of FinTech for consumers. First, the FTC announced it will be hosting the next event in the…more
 /  Antitrust & Trade Regulation, Commercial Law & Contracts, Finance & Banking, Consumer Protection, Science, Computers, & Technology

CFPB Relies on “Mystery Shoppers” in BancorpSouth Mortgage Discrimination Settlement

CFPB “mystery shoppers,” along with secret recordings, were part of the CFPB’s factual allegations in a recent mortgage discrimination settlement. The DOJ and CFPB announced a settlement with BancorpSouth Bank to resolve alleged…more
 /  Civil Rights, Consumer Protection, Finance & Banking, Real Estate - Residential

#ThrowbackThursday: Creditor’s Rights Report

In September 2005, Morrison & Foerster published the client alert “Creditor’s Rights Report.” Summary: Bankruptcy reform is here. When the majority of the provisions from the “Bankruptcy Abuse Prevention and Consumer…more
 /  Bankruptcy, Consumer Protection, Finance & Banking

FTC Releases New Guidance on FCRA Compliance for Employment Background Screening Companies

The FTC has released new guidance aimed at helping companies that conduct background screenings for employment purposes to determine whether they are “consumer reporting agencies” within the meaning of the federal FCRA. Pointing…more
 /  Antitrust & Trade Regulation, Consumer Protection, Labor & Employment Law

Time to Comment: The Proposed Arbitration Rule Has Arrived

Surprising no one, the CFPB has announced a proposed rule that would effectively ban mandatory arbitration clauses in covered consumer financial services contracts. The rule continues to ignore the legislative and judicial…more
 /  Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Consumer Protection, Finance & Banking

The “Payback Playbook”: CFPB Calls for Comments on Student Loan Communication Initiative

On April 28, 2016, the CFPB released its “Payback Playbook” initiative proposal, which concerns loan servicers laying out student loan repayment options in communications with borrowers in order to “reduce defaults, improve…more
 /  Consumer Protection, Education, Finance & Banking

CFPB Reopens Comment Period on Proposed Amendments to Servicing Rules

On April 21, 2016, the CFPB reopened the comment period on a narrow portion of its December 15, 2014 notice of proposed rulemaking (the “NPR”), which would amend the mortgage servicing rules in Regulation X and Regulation Z…more
 /  Administrative Law, Consumer Protection, Finance & Banking, Real Estate - Residential

CFPB Amends ATR/QM Rule to Implement HELP Act

On March 22, 2016, the CFPB issued an Interim Final Rule (the “IFR”) amending the ability-to-repay (“ATR”) and qualified mortgage (“QM”) provisions of Regulation Z. The IFR, which implements a portion of the Helping Expand…more
 /  Consumer Protection, Finance & Banking, Real Estate - Residential

FHFA Announces Home Modification Program

On April 14, 2016, the Federal Housing Finance Agency (“FHFA”) announced the launch of a principal reduction program for first-lien mortgages that are owned or guaranteed by Fannie Mae and Freddie Mac. According to the…more
 /  Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

ABA Survey Quantifies TRID Costs, Delays

On March 1, the American Bankers Association published results of its 2016 TILA-RESPA Integrated Disclosures (TRID) Survey. The Survey aggregates data gathered between February 1, 2016 and February 17, 2016, from 548 of the…more
 /  Consumer Protection, Finance & Banking, Real Estate - Residential
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