News & Analysis as of

Safe Harbors Banking Sector

Goodwin

The CFPB’s “Junk Fees” Initiative: Recent Developments and Trends

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The term “junk fee” is not defined under federal law, but the CFPB has focused on factors such as whether the fee would be unexpected to or take advantage of a reasonable consumer, the amount of the fee compared to the cost...more

Latham & Watkins LLP

CFPB Set to Limit Credit Card Late Fees

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The move becomes effective on October 1, 2023, with the Supreme Court soon to decide on the agency’s rule-writing authority. On February 1, 2023, the Consumer Financial Protection Bureau (CFPB) proposed a rule (the...more

Alston & Bird

Structured Finance Spectrum - Summer 2023

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Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features smooth sailing through safe harbors, the English Court doing the cross-class...more

Nutter McClennen & Fish LLP

Nutter Bank Report: February 2023

Federal Guidance Warns of Liquidity Risks Arising from Crypto-Asset-Related Deposits - The federal banking agencies have issued joint guidance to banking organizations highlighting potentially heightened liquidity risks...more

Hogan Lovells

LIBOR transition: new UK “safe harbour” Bill introduced into Parliament

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During 2021, we have seen action by several key legislatures to address the risk of litigation arising out of LIBOR cessation. In February 2021, the EU’s amendments to the Benchmarks Regulation entered into force, providing...more

Saul Ewing LLP

The House of Representatives Passes a Safe Harbor for Insurance Industry Participants Working With Cannabis Businesses

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On April 19, 2021, the SAFE Banking Act passed the U.S. House of Representatives, this time with a bipartisan vote of 321-101. The bill will move to the Senate where the Senate-filed bill enjoys bipartisan support with 32...more

Goodwin

SEC Finalizes Reforms Under Investment Advisers Act

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In this Issue. The Securities and Exchange Commission (SEC) finalized reforms under the Investment Advisers Act to modernize rules that govern investment adviser advertisements and payments to solicitors, and published a risk...more

Womble Bond Dickinson

CFPB Issues Advisory Opinion on Earned Wage Access Programs

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CFPB issued an advisory opinion on Earned Wage Access (EWA) on Monday afternoon. We’ve written about earned wage access products before as well as state legislative initiatives to regulate them. The new federal guidance...more

Nelson Mullins Riley & Scarborough LLP

The State-Federal War Rages On: The Colorado Safe Harbor for Bank-Fintech Models

In early August an Assurance of Discontinuance (the “AOD”) was entered into by all parties in the actions brought by the Colorado Attorney General and the Colorado Uniform Consumer Credit Code Commissioner against Avant of...more

Ballard Spahr LLP

CFPB Issues Promised Seasoned Qualified Mortgage Loan Proposal

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As promised by the CFPB when it issued two Regulation Z ability to repay rule qualified mortgage (QM) loan proposals in June 2020, the CFPB recently issued a proposal to provide for a new seasoned QM loan. Comments will be...more

Katten Muchin Rosenman LLP

Colorado Establishes Safe Harbor for Bank/Fintech Lending Programs

The Administrator of the Colorado Uniform Consumer Credit Code (an officer within the Colorado Attorney General's office) (the "Colorado Administrator") has announced a settlement with Avant LLC and Avant of Colorado LLC...more

White and Williams LLP

Cannabis Reform Introduced as a Response to the COVID-19 Crisis

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On May 15, 2020, the House of Representatives passed the Economic Recovery Omnibus Emergency Solutions (HEROES) Act. Coming in at over 1,800 pages, there are sure to be a few surprises tucked into such a massive piece of...more

Goodwin

Financial Services Weekly Roundup: SBA Provides Guidance On Borrower’s Good Faith Certification

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In This Issue. The Small Business Administration (SBA) provided guidance on a borrower’s good faith certification on the necessity of Paycheck Protection Program (PPP) loan requests, announcing a safe harbor regarding this...more

Goodwin

Financial Services Weekly News: FDIC Releases Guide To Connect Fintechs With Banks

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In This Issue. The Federal Deposit Insurance Corporation (FDIC) released a new guide to help financial technology companies and others partner with banks; the Financial Industry Regulatory Authority (FINRA) announced that it...more

Buchalter

CFPB Further Defines Abusiveness Standard; Expresses Intent to Limit Duplicative Enforcement

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In a Policy Statement effective on January 24, 2020, the CFPB addresses perceived uncertainty as to the scope and meaning of the abusiveness standard, and that the CFPB had in various enforcement actions asserted claims for...more

Moritt Hock & Hamroff LLP

Lender Alert: Commercial Finance Licensing Legislation In New York State Merits Watching

A bill recently introduced in the New York State Senate (S6688) would vastly expand the reach and scope of the licensing regime applicable to effectively all forms of commercial financing transactions. The current lender...more

Manatt, Phelps & Phillips, LLP

Burnt Out? SAFE Banking Act Faces Senate Opposition

Has the Secure and Fair Enforcement (SAFE) Banking Act hit a snag in Congress? After making it farther than any prior legislation enabling financial services to be provided to legitimate marijuana businesses, the bill...more

Burns & Levinson LLP

SAFE Banking Act Passes House, Moves to Senate

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Since the Secure and Fair Enforcement (SAFE) Banking Act (the “Act”) found bipartisan support in the House Financial Services Committee back in March, the industry has been waiting for even the slightest sign of its...more

McDermott Will & Emery

SAFE Banking Act Passes House, Extends Cannabis Safe Harbor Protections

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First introduced in 2013, the SAFE Banking Act passed the House 321-103 Wednesday, September 25th, 2019. This bill provides safe harbor to banks and financial institutions doing business with state-legal cannabis businesses,...more

Nutter McClennen & Fish LLP

Nutter Bank Report: July 2019

Federal Banking Agencies Issue Final Rule to Simplify Regulatory Capital Calculations - The federal banking agencies have issued a final rule that simplifies several requirements in the agencies' regulatory capital rules...more

Seyfarth Shaw LLP

Will Banks be Able to Play it SAFE with Marijuana Related Businesses?

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Marijuana is estimated to be a $10 billion industry and rapidly growing. Almost all of it is conducted in cash. Although legal in thirty three states plus Washington, D.C., Puerto Rico and Guam, marijuana remains illegal at...more

Nutter McClennen & Fish LLP

Nutter Bank Report, April 2019

FDIC Shares Examiners’ Expectations for Contracts with Technology Service Providers - The FDIC has issued guidance on examiners’ expectations for provisions of contracts between banks and technology service providers...more

K&L Gates LLP

Distressed Solutions: The Global Reach of the US Bankruptcy Code and Litigation Between Financial Institutions

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“Only in New York” can cover a lot of ground, but there are certain types of cases that you will likely only see in the Southern District of New York. Listen in as John Bicks (New York) and Robert Honeywell (New York) tell...more

Ballard Spahr LLP

Congressman introduces fintech bill

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Republican Congressman Patrick McHenry, Vice Chair of the House Financial Services Committee, has introduced the “Financial Services Innovation Act of 2016,” which is intended to provide a streamlined regulatory process for...more

Ballard Spahr LLP

DoD issues MLA interpretive rule

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The Department of Defense (DoD) has issued an interpretive rule to assist the industry in complying with its July 2015 final rule amending the Military Lending Act’s implementing regulation. The much-anticipated guidance was...more

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