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Mortgage Banking Update - December 14, 2012

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

Congress Passes Legislation To Fix CFPB Privilege Waiver Problem

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

FTC Settles ‘History Sniffing’ Charges Against Online Advertising Network

The Federal Trade Commission recently announced that it entered into a settlement with Epic Marketplace, Inc., (Epic) an online advertising company, of charges that its "history sniffing" practices violated Section 5 of the...more

Congress Passes Bill To End ATM Fee Sticker Strike Suits

The U.S. Senate has just joined the House of Representatives in approving a bill (H.R. 4367) amending the Electronic Fund Transfer Act to eliminate the requirement that a fee disclosure be placed in a prominent and...more

12/12/2012  /  ATMs , EFTA

U.S. Supreme Court To Decide When Sufficient Contractual Basis Exists for Class Arbitration

In another demonstration of its interest in resolving issues arising under the Federal Arbitration Act (FAA), the U.S. Supreme Court has agreed to hear a case that will decide what contractual language provides a sufficient...more

CFPB General Counsel named adviser to ALI consumer contracts restatement project

The American Law Institute’s launch of a project to create a “Restatement of the Law Third, Consumer Contracts” could have major consequences for providers of consumer financial services and other companies that contract with...more

ALI Launches Restatement Project for Consumer Contracts

The American Law Institute’s launch of a project it is calling Restatement of the Law Third, Consumer Contracts could have major consequences for providers of consumer financial services and other companies that contract with...more

Pew Report on Checking Account Arbitration Draws Questionable Conclusions

The Pew Charitable Trusts has released a report on the use of arbitration clauses by banks in checking account agreements. Pew examined the prevalence of such clauses and consumer attitudes about arbitration....more

12/4/2012  /  Arbitration Agreements

Fifth Circuit Allows Defendants To Remove Mississippi Attorney General Lawsuit to Federal Court

In a decision that squarely conflicts with three other circuit courts, the Fifth Circuit Court of Appeals has ruled that a price-fixing case initiated by the State of Mississippi against various LCD display makers must be...more

11/30/2012  /  CAFA , Price-Fixing , Removal

CFPB moves to dismiss case challenging Director Cordray’s recess appointment

The CFPB has filed a motion to dismiss in State National Bank of Big Spring, Texas, et al. v. Geithner, et al., the case currently pending in federal district court in Washington, D.C. that includes a challenge to President...more

CFPB gets preliminary injunction in mortgage relief assistance case

On November 16, a federal district judge in California entered a preliminary injunction in favor of the CFPB in the action it filed this past July against a law firm that offered mortgage assistance relief services to...more

Fourth Circuit Rejects FDCPA Challenge to Prerecorded Calls Seeking Location Information

The U.S. Court of Appeals for the Fourth Circuit recently affirmed, in an unpublished opinion, a district court's entry of summary judgment in favor of a debt collector that was sued by the debtor’s brother-in-law over the...more

Mortgage Banking Update - November 15, 2012

In This Issue: - CFPB Releases First "Supervisory Highlights" Report - CFPB Issues Bulletin on Appeals Procedure - Bank Regulators "Postpone" Effective Date of Basel III Capital Regime...more

11/15/2012

News report links Academic Research Council member to Obama campaign

I have previously voiced concerns about the CFPB’s Academic Research Council, particularly the lack of transparency surrounding the Council’s creation and the CFPB’s decision not to seek public input on appointments to the...more

11/15/2012
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