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Lenders UDAAP

Husch Blackwell LLP

The OCC Issues Bulletin Addressing Buy Now, Pay Later Lending

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What seems to have become a perennial topic for regulators, the Office of the Comptroller of the Currency (OCC) recently released OCC Bulletin 2023-37 to assist national banks and federal savings banks with effectively...more

Sheppard Mullin Richter & Hampton LLP

CFPB Sues Installment Lender for Alleged Loan Churning Operation

On August 22, the CFPB filed a lawsuit against an installment lending company and several of its subsidiaries in South Carolina federal court, alleging that the company engaged in illegal “loan-churning” practices that...more

Ballard Spahr LLP

CFPB Summer 2023 Supervisory Highlights looks at auto origination and servicing, consumer reporting, debt collection, deposits,...

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The CFPB has released the Summer 2023 edition of Supervisory Highlights.  The report discusses the Bureau’s examinations in the areas of auto origination and servicing, consumer reporting, debt collection, deposits, mortgage...more

Hudson Cook, LLP

CFPB Bites of the Month - 2022 Annual Review - Nondiscrimination and Military Protection Laws

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In this article, we share a timeline of our monthly "bites" for 2022 applicable to consumers protected by nondiscrimination and military protection laws. The CFPB has historically been particularly active with respect to...more

Troutman Pepper

Chambers of Commerce and Banking Groups File Suit Against CFPB for Overstepping Its Authority With UDAAP Exam Manual Amendment

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On September 28, the U.S. Chamber of Commerce (Chamber), together with the Longview Chamber of Commerce, American Bankers Association, Consumer Bankers Association, Independent Bankers Association of Texas, Texas Association...more

Ballard Spahr LLP

CFPB Tells Firms "Black Box" Credit Models Used by Banks, Other Lenders Must Not Discriminate

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The U.S. Consumer Financial Protection Bureau has told firms it regulates that federal anti-discrimination law extends liability for banks and other lenders in their use of algorithmic models used in credit decisions. The...more

Troutman Pepper

Connecticut Issues Cease and Desist Against Lead Generator

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On May 4, the Connecticut Banking Commissioner issued a temporary order to cease and desist and order to make restitution against lead generator SoLo Funds Inc. (SoLo) for allegedly engaging in unfair, deceptive, and abusive...more

Bradley Arant Boult Cummings LLP

The Consumer Financial Protection Bureau Issues Statement Regarding Small Dollar Lending and Signals Return to Prior Policy

On March 23, 2021, the CFPB issued a brief statement highlighting its position regarding “consumer harms in the small dollar lending market” and likely future action to reverse the previous CFPB administration’s policy...more

Goodwin

SEC Adopts Broad Exempt Offering Reforms

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In the News. The Securities and Exchange Commission (SEC) adopted broad exempt offering reforms; the Department of Labor (DOL) finalized a rule, with significant revisions from the original proposal, on ESG investments; the...more

Sheppard Mullin Richter & Hampton LLP

California Legislature Passes Mini-CFPB Bill; If You Liked The Department Of Business Oversight, Get Ready For The Department Of...

On August 31, both houses of the California legislature passed and sent to Governor Newsom for signature the California Consumer Financial Protection Law (the CCFPL). Effective on January 1, 2021 if Governor Newsom signs the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Summary of 28th Annual Conference on Fair Lending and Consumer Financial Protection

Year In Review - Anand Raman, the head of Skadden’s Consumer Financial Services (CFS) practice, began the conference by providing a summary of notable events and trends over the past year relating to consumer financial...more

McGuireWoods LLP

Auto Lender Pays $11.8 Million to Resolve UDAAP Allegations

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The CFPB also recently announced an $11.8 million settlement of a UDAAP (Unfair, Deceptive and Abusive Acts & Practices) enforcement action in the auto finance space. This action, where the CFPB made no allegations that a...more

Bradley Arant Boult Cummings LLP

A Deeper Dive: The CFPB Short-Term Small- Dollar Lending Rule

Introduction - By now you’ve likely heard that the Consumer Financial Protection Bureau (CFPB) has released a final small-dollar lending rule. The hallmark of the rule is the requirement That lenders make a reasonable...more

Vedder Price

CFPB’s First No-Action Letter: FinTech Lenders and Banks Take Note

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On September 14, 2017, the Consumer Financial Protection Bureau (the “CFPB”) issued its first no-action letter (the “No-Action Letter”) concerning the operations of Upstart Network, Inc. (“Upstart”), a FinTech lender that...more

Morrison & Foerster LLP

CFPB Files Suit Challenging Tribal-Affiliated Lenders Using its UDAAP Authority

On April 27, 2017, the Consumer Financial Protection Bureau (“CFPB”) filed a complaint in a federal district court in Illinois against four online tribal-affiliated lenders alleging that the lenders violated the Truth in...more

Dorsey & Whitney LLP

The Moronta Decision in Massachusetts – Determining A Borrower’s Ability To Repay

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A recent decision by the Massachusetts Court of Appeals highlights some of the challenges lenders may face when seeking the dismissal of allegations of unfair and deceptive lending practices in connection with a loan that...more

Morrison & Foerster LLP

CFPB Takes Action Against Lead Aggregators

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On December 17, 2015, the Consumer Financial Protection Bureau (“CFPB”) announced that it has taken action against lead aggregators that resold sensitive personal information to lenders and debt collectors. In a complaint...more

Bradley Arant Boult Cummings LLP

A Look Behind The Compliance Headlines

In this Presentation: - Agenda - CFPB – Approach to Regulation - CFPB – Hot Mortgage Topics - Genuine Title, LLC, et al. - New Day Financial, LLC - American Preferred Lending, Flagship...more

Bilzin Sumberg

Fighting Back Against CFPB Demands

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An increasing number of banks, mortgage lenders, auto finance companies and other financial services industry participants are dealing with inquiries, investigations and actual or threatened legal claims from the Consumer...more

Foley & Lardner LLP

UDAAP Council Weekly UDAAP Standards Report - 12/10/2014

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Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the...more

Polsinelli

Two New CFPB Bulletins Directly Affect Your Debt Collections

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On July 10, 2013, the Consumer Financial Protection Bureau (CFPB) issued two bulletins that directly affect all consumer lenders and creditors that are subject to the Dodd-Frank Act. Bulletin 2013-07 puts creditors on...more

Ballard Spahr LLP

Are all FDCPA violations by creditors and servicers potential UDAAPs: a difference of opinion

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Jeff Sovern has written an interesting blog post about the CFPB’s recent Bulletin 2013-07 that warns creditors and servicers who are not covered by the FDCPA that their collection practices are subject to the CFPB’s authority...more

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