News & Analysis as of

Consumer Lenders

FFIEC issues new HMDA resubmission guidelines

by Ballard Spahr LLP on

As expected, the Federal Financial Institution Examination Council (FFIEC) member agencies issued new data resubmission guidelines under the Home Mortgage Disclosure Act (HMDA) effective for the 2018 data collection year. ...more

Director Cordray’s Op-Ed Disregards Many Inconvenient Facts

by Ballard Spahr LLP on

In an op-ed published in today’s New York Times, CFPB Director Richard Cordray argues against congressional repeal of the agency’s final arbitration rule by “correcting the record.” He contends that the CFPB’s March 2015...more

DOJ confirms termination of Operation Chokepoint; OCC welcomes DOJ statement

by Ballard Spahr LLP on

In a letter dated August 16, 2017 to House Judiciary Committee Chairman Bob Goodlatte, Assistant U.S. Attorney General Stephen Boyd stated that “[a]ll of the [DOJ’s] bank investigations conducted as part of Operation...more

Third Circuit Introduces New Uncertainty While Attempting to Clarify Ascertainability Jurisprudence

by Pepper Hamilton LLP on

On August 16, the Third Circuit gave the plaintiff a pass for failing to pursue evidence necessary to determine whether its proposed class was ascertainable and took the opportunity to clarify that affidavits may be used, at...more

Regulatory reports, reviews and initiatives

by Dentons on

The below provides a very brief and incomplete summary of government and regulatory initiatives with potential impact for the credit industry as at the date of this report....more

CFPB issues reports on student loan repayment and repayment assistance programs

by Ballard Spahr LLP on

The CFPB has issued two new reports concerning student loans. The first report, “CFPB Data Point: Student Loan Repayment,” examines how the payment patterns of student loan borrowers have changed over the last 14 years. The...more

California Supreme Court to Decide Key Finance Lender Law Usury and Unconscionability Issue

by Ballard Spahr LLP on

Although the California Finance Lenders Law (the CFLL) does not limit the interest rates that may be charged on loans of $2,500 or more, Section 22302 of the law expressly states that loans made under the CFLL may be held...more

CFPB Arbitration Rule Hits a Roadblock

The Consumer Financial Protection Bureau (CFPB) issued a final rule on pre-dispute arbitration agreements on July 10, 2017. The final rule was published in the Federal Register on July 19, 2017, and as such, it is due to...more

CFPB Final Arbitration Rule Bans Class Action Waivers, But Will it Survive?

by Moore & Van Allen PLLC on

The Consumer Financial Protection Bureau (CFPB) recently announced the release of its final rule prohibiting the use of class action waivers in certain consumer finance arbitration agreements. The rule has been several years...more

Defense Dept. rejects trade group’s request for extension of Oct. 3 MLA compliance date for credit cards

by Ballard Spahr LLP on

The Department of Defense (DoD) is reported to have rejected the request of the National Association of Federally-Insured Credit Unions (NAFCU) to extend the October 3, 2017 date for credit card compliance with the Military...more

CFPB Final Rule Banning Class Action Waivers in Arbitration Agreements: The Final Front of Opposition as Congress Moves to Nullify...

by Moore & Van Allen PLLC on

The Consumer Financial Protection Bureau (CFPB) recently announced the release of its final rule that prohibits the use of class action waivers in certain consumer finance arbitration agreements. This rule banning class...more

CFPB Releases Prototypes of “Know Before You Owe” Overdraft Disclosure Forms

by Goodwin on

On August 4, 2017, the Consumer Financial Protection Bureau (CFPB) published four prototypes of model overdraft disclosure forms the Bureau is testing as part of its broader “Know Before You Owe” efforts. The prototypes are...more

Delaware Supreme Court Provides Guidance on Factors to Consider in Appraisal Valuation Procedure in Context of DFC Global...

by Ropes & Gray LLP on

In DFC Global Corp. v. Muirfield Value Partners, L.P.,1 the Delaware Supreme Court reversed and remanded the Court of Chancery’s appraisal decision relating to the 2014 acquisition of DFC Global Corporation, an international...more

Six Arbitration Trends In 2017 (6th Blogiversary Post)

This is my 290th post at ArbitrationNation and today I celebrate six years of blogging. Woo hoo — that’s longer than most celebrity marriages! In honor of the occasion, here are updates on six of the hottest issues in...more

Fed study finds expanded credit access resulting from fintech lending

by Ballard Spahr LLP on

A new research paper released by the Federal Reserve Bank of Philadelphia found that fintech lending has expanded consumers’ ability to access credit. The paper, “Fintech Lending: Financial Inclusion, Risk Pricing, and...more

House Financial Services Committee details case for contempt proceedings against Director Cordray for failing to comply with...

by Ballard Spahr LLP on

A report by the majority staff of the House Financial Services Committee concludes that there is a “valid and factual basis” for instituting contempt of Congress proceedings against Director Cordray. The report states that...more

Virginia AG Settles with Local Small Dollar Lender Over Excessive Fees

by Goodwin on

On August 1, 2017, the Virginia Attorney General’s Office (AG) announced? that it had entered into a consent order with a state pawnbroker, settling allegations that the company overcharged consumers and was “skirting...more

On the Chopping Block: The Effort to Repeal the CFPB’s New Rule on Consumer Class Actions

On July 19, 2017, the Consumer Financial Protection Bureau (“CFPB”) published a new rule that has the potential to significantly increase the number of class action lawsuits brought by consumers against their financial...more

Senate bill introduced to override Madden decision

by Ballard Spahr LLP on

Democratic Senator Mark Warner has introduced a bill, S.1642, that would override the Second Circuit’s decision in Madden v. Midland Funding. (In Madden, the Second Circuit ruled that a nonbank that purchases loans from a...more

New Hampshire Amends MLO Licensing Provisions

by Ballard Spahr LLP on

New Hampshire has amended provisions regarding the licensing laws of mortgage loan originators (MLO) from other states. The commissioner may conditionally approve an application for an MLO license if the applicant is...more

State AGs urge Senate rejection of CRA resolution to disapprove CFPB arbitration rule

by Ballard Spahr LLP on

A group of 19 state attorneys general and the District of Columbia attorney general have sent a letter to Senate Majority Leader Mitch McConnell and Senate Minority Leader Charles Schumer expressing the AGs’ “strong...more

Acting Comptroller passes on FSOC challenge to CFPB arbitration rule

by Ballard Spahr LLP on

In a statement released today, Acting Comptroller Keith Noreika announced that he will not petition the Financial Stability Oversight Council to stay the effective date of the CFPB’s final arbitration rule....more

Report: African-American home ownership lagging behind white counterparts

by GableGotwals on

Lauren and Brandon Oldham didn’t want to leap blindly into homeownership. So they took a series of baby steps over several years, contemplating how best to prepare themselves for the biggest financial commitment of their...more

Virginia AG Obtains $480,000 Settlement with Small-Dollar Lender

by Goodwin on

On July 25, 2017, the Virginia Attorney General’s Office (Virginia AG) announced that it had reached a settlement with a small-dollar open-end credit lender. According to the Virginia AG, the lender offered open-end cash...more

Maryland and Washington Converting to Electronic Surety Bonds on NMLS

by Ballard Spahr LLP on

On August 1, 2017, the Maryland Commissioner of Financial Regulation will start using the new Electronic Surety Bond (ESB) through NMLS....more

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Cybersecurity

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