News & Analysis as of

Attorney-Client Privilege Consumer Financial Protection Bureau

For Our Eyes Only: Understanding the Attorney-Client Privilege and Its Application to Banks

by Pepper Hamilton LLP on

The attorney-client privilege is a rule of evidence that prevents the adverse party in a lawsuit from obtaining access to certain communications. If properly understood and wellmanaged, this privilege offers a useful tool for...more

Proposed CFPB Regulations Seek to Expand Agency’s Disclosure Opportunities

by Polsinelli on

The federal Consumer Financial Protection Board (CFPB) has proposed new regulations and changes to its existing regulations that expand the agency's ability to disclose information to others, potentially compromising the...more

Industry May Be Foreshadowing More CFPB Challenges

by Baker Donelson on

In our last newsletter, we discussed the CFPB's proposed amendments to its rule regarding the confidential treatment of information obtained from supervised or regulated entities in connection with the exercise of the...more

CFPB Examinations and Investigations: Defense Strategies and Best Practices

by WilmerHale on

The pursuit of examinations and enforcement actions by the Consumer Financial Protection Bureau (CFPB) has created new challenges for entities that provide consumer financial products and services. Given the CFPB’s broad...more

CFPB Issues New Mortgage Disclosure Rule

by Goodwin on

On October 15, 2015, the Consumer Financial Protection Bureau (CFPB) issued a final rule amending Regulation C, which implements the Home Mortgage Disclosure Act (HMDA). At nearly 800 pages, the new HMDA rule changes (i) the...more

D.C. federal court reconsiders decision on FOIA requests to CFPB

by Ballard Spahr LLP on

Last September, a federal district court in Washington, D.C. issued an opinion on Freedom of Information Act (FOIA) requests made by Judicial Watch to the CFPB for documents relating to Richard Cordray’s recess appointment as...more

CFPB plans for sharing information with state AGs unchanged in final disclosure rule

by Ballard Spahr LLP on

In its final rule on Disclosure of Records and Information published last week, the CFPB gave no ground on its position that it has discretionary authority to share confidential information with state attorneys general. This...more

The CFPB and privilege: the fight isn’t over

by Ballard Spahr LLP on

We blogged recently about H.R. 4014, which President Obama signed into law near the end of 2012....more

New Legislation Prevents Privilege Waiver When Providing Information To CFPB

A new bill has been signed into law which prevents a waiver of attorney-client privilege when a regulated entity submits information to the CFPB. ...more

President signs ATM fee sticker bill and CFPB privilege waiver bill

by Ballard Spahr LLP on

On December 20, 2012, President Obama signed into law (1) the bill amending the Electronic Fund Transfer Act (H.R. 4367) to eliminate the ATM fee sticker requirement, and (2) the bill amending the Federal Deposit Insurance...more

Mortgage Banking Update - December 14, 2012

by Ballard Spahr LLP on

In This Issue: - CFPB Monitor Named to the ABA Journal Annual Blawg 100 List - Temporary CONGRESS PASSES LEGISLATION TO FIX CFPB PRIVILEGE WAIVER PROBLEM - CFPB DESCRIBES PLANS FOR COORDINATING WITH STATE...more

Legislation to fix CFPB privilege waiver problem passes Congress

by Ballard Spahr LLP on

The U.S. Senate, by unanimous consent, has passed a bill previously approved by the House of Representatives (H.R. 4014) that amends the Federal Deposit Insurance Act to provide protection against waiver of the...more

Congress Passes Legislation To Fix CFPB Privilege Waiver Problem

by Ballard Spahr LLP on

The U.S. Senate, by unanimous consent, has passed a bill (H.R. 4014) that amends the Federal Deposit Insurance Act to provide protection against waiver of the attorney-client privilege when privileged information is shared...more

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