News & Analysis as of

Confidential Information Consumer Financial Protection Bureau

OIG Report Continues Criticism of CFPB Enforcement Data Security Practices

by Ballard Spahr LLP on

On May 15, 2017, the Federal Reserve Office of Inspector General – which also oversees the CFPB – released a report finding deficiencies in the CFPB Office of Enforcement’s (Enforcement) processes for securing sensitive...more

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

2016 Year In Review: Securities Litigation And Regulation

2016 was an active year in securities litigation. In the first half of 2016 alone, plaintiffs filed 119 new federal class action securities cases. It was also a busy year for SEC enforcement proceedings, with a record 868...more

CFPB Wants to Share Its Confidential Information with the World

by Baker Donelson on

On August 24, 2016, the CFPB published proposed amendments to broaden its ability to share confidential information with agencies. If the proposed rule is finalized, the CFPB would be permitted to share information with...more

CFPB Proposed Rule Could Allow Agencies without Jurisdiction to Access CSI

The CFPB issued a proposed rule which significantly affects third-party access to information obtained by the Bureau. In addition to public requests under the Freedom of Information Act, the Privacy Act of 1974 and in legal...more

CFPB Proposal to Relax Standards for the Discretionary Disclosure of Confidential Supervisory Information

by Poyner Spruill LLP on

In a proposed rule set forth in the August 24, 2016 Federal Register, the Consumer Financial Protection Bureau (Bureau) suggests “amendments relating to the disclosure of records and information.” While the proposal touches...more

Valuable Information Security Lessons from the Olympus Mortgage vs. Guaranteed Rate Case

by Baker Donelson on

Late last month a jury awarded Mount Olympus Mortgage Company (MOMC) more than $25 million for their claims against Guaranteed Rate (Guaranteed), which alleged Guaranteed along with other former employees of MOMC illegally...more

Challenging a CFPB Civil Investigative Demand Can Be Done without Revealing a Company Is Being Investigated

by McGuireWoods LLP on

One of the Consumer Financial Protection Bureau’s (CFPB) key investigative and enforcement tools is to issue Civil Investigative Demands (CIDs), a form of an administrative subpoena that requires the recipient to produce...more

Title Insurance Regulatory and Legislative Update - February 2015

by Carlton Fields on

FEDERAL - New CFPB Compliance Bulletin Impacts Service Providers: The Consumer Finance Protection Bureau (“CFPB”) recently issued Compliance Bulletin 2015-01, which reminds persons subject to the regulatory authority...more

CFPB Speaks to Disclosure of its Confidential Supervisory Information

The CFPB issued a compliance bulletin setting forth its views that, with limited exceptions, persons in possession of confidential information, including confidential supervisory information, or CSI, may not disclose such...more

CFPB issues compliance bulletin on treatment of confidential supervisory information

by Ballard Spahr LLP on

In a new compliance bulletin (2015-01), the CFPB reminds supervised financial institutions, including nonbanks, of their obligations regarding the disclosure of confidential supervisory information (CSI)....more

CFPB Issues FDCPA and UDAAP Guidance for Creditors and Their Service Providers

by Morrison & Foerster LLP on

On July 10, 2013, the Consumer Financial Protection Bureau (CFPB) issued two Bulletins that address debt collection practices. The first Bulletin, CFPB Bulletin 2013-07, discusses acts or practices that could potentially...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

CFPB Issues Final Rule On FOIA And Litigation Procedures

The CFPB has issued a final rule that establishes procedures for the public to obtain information from the Bureau of Consumer Financial Protection, under the Freedom of Information Act, the Privacy Act of 1974, and in legal...more

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Cybersecurity

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