In this article, we share a timeline of our monthly "bites" for 2023 applicable to consumers protected by nondiscrimination and military protection laws....more
1/23/2024
/ Appraisal ,
Artificial Intelligence ,
Banking Sector ,
Banks ,
Consumer Contracts ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
DACA ,
Department of Justice (DOJ) ,
ECOA ,
Equal Employment Opportunity Commission (EEOC) ,
Ethics ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Identity Theft ,
Immigrants ,
Military Service Members
On August 4, 2023, the Department of Justice published its long-awaited notice of proposed rulemaking related to the Americans with Disabilities Act. The proposed rule would adopt new requirements regulating the accessibility...more
On June 30, 2023, the Indiana Department of Financial Institutions published Advisory Letter 2023-01, addressing the permissibility of e-lien fees not payable to the Indiana Bureau of Motor Vehicles. The publication was...more
9/5/2023
/ Advisory Opinions ,
Consumer Loan Companies ,
Creditors ,
Disclosure Requirements ,
DMV ,
Electronic Filing ,
Fees ,
Filing Fees ,
Finance Charges ,
Legal Title ,
Liens ,
Motor Vehicles
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
2/3/2023
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Appraisal ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Department of Justice (DOJ) ,
Discriminatory Lending Practices ,
Enforcement Actions ,
Fair Lending ,
FHFA ,
Financial Institutions ,
Foreign Language ,
Lenders ,
Military Service Members ,
Mortgage Lenders ,
UDAAP ,
Veterans
California recently enacted Senate Bill 1311, the Military and Veteran Consumer Protection Act of 2022, with the stated intent of strengthening the state's military consumer protection laws by enhancing protections for...more
12/5/2022
/ Automotive Loans ,
California ,
Consumer Contracts ,
Consumer Financial Products ,
Consumer Lenders ,
Financial Services Industry ,
Financial Transactions ,
Military Lending Act ,
Military Service Members ,
Motor Vehicles ,
New Legislation ,
Regulatory Reform ,
UDAAP ,
Veterans
Accepting payments via discretionary military allotments has long been suspect in the eyes of the Consumer Financial Protection Bureau. Military allotments are automatic deductions from military pay. Allotments can be...more
During the past year, small-dollar lenders learned the fate of the Consumer Financial Protection Bureau’s (“CFPB”) final rulemaking addressing payday, vehicle title, and certain high-cost installment loans. In addition, the...more
In 2020, the Supreme Court held in Bostock v. Clayton County, Georgia that an employer who fires an employee for being gay or transgender violates the Civil Rights Act of 1964 (“Title VII”). Though the list of protected...more
[co-author: Hurshell K. Brown - Beyond Finance, LLC]
INTRODUCTION -
Small-dollar lenders waited through most of 2020 for the Consumer Financial Protection Bureau’s (“CFPB’s”) final rulemaking addressing payday, vehicle...more
On December 4, 2020, the Consumer Financial Protection Bureau announced the filing of a lawsuit against an online lender for allegedly violating the Military Lending Act ("MLA"). The CFPB's complaint alleges that the lender...more
In June of this year, the United States Supreme Court held that an employer who fires an employee for being gay or transgender violates the Civil Rights Act of 1964 ("Title VII"). Title VII prohibits employers from refusing...more
7/31/2020
/ Bostock v Clayton County Georgia ,
Consumer Financial Protection Bureau (CFPB) ,
Creditors ,
ECOA ,
Equal Access to Credit ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Request For Information ,
Risk Assessment ,
Risk Mitigation ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Underwriting
As COVID-19 cases increase and state and local governments continue to issue orders and mandates related to how dealers are permitted to conduct business, now is the perfect time to review your dealership's policies and...more
7/17/2020
/ Americans with Disabilities Act (ADA) ,
Car Dealerships ,
Compliance ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Mobile Apps ,
Risk Mitigation ,
Shelter-In-Place ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
As we all follow the “Tennessee Pledge” issued by the Governor to return Tennesseans to work in a safe environment, restore their livelihoods, and reboot our state’s economy, you must ask yourself—what will business be like...more
6/4/2020
/ Assisted Living Facilities (ALFs) ,
Coronavirus/COVID-19 ,
Elder Care ,
Executive Orders ,
Governor Lee ,
Health Care Providers ,
Healthcare Facilities ,
Hospitality Industry ,
Long Term Care Facilities ,
Nursing Homes ,
Restaurant Industry
One year ago, small dollar lenders were operating under the specter of looming compliance dates for the Consumer Financial Protection Bureau’s (“CFPB’s”) final rule concerning small dollar lending. One year later, through...more
5/13/2020
/ CA Supreme Court ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Financial Regulatory Agencies ,
GA Supreme Court ,
Risk Assessment ,
Risk Mitigation ,
Small Dollar Lenders ,
State Attorneys General ,
State Legislatures ,
State Regulators
In 2010, the Dodd-Frank Act for the first time made it unlawful for persons to engage in an “abusive act or practice.” The “abusive” standard was added to the existing “UDAP” standard—unfair, deceptive acts and practices,...more
In the fall of 2018, Microsoft released its Xbox Adaptive Controller, which is made for those with limited mobility. As Microsoft artfully put it in a television commercial advertising the new product, "When everyone plays,...more
12/5/2019
/ Americans with Disabilities Act (ADA) ,
Compliance ,
Denial of Certiorari ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Dominos ,
Popular ,
Public Accommodation ,
Regulatory Standards ,
Risk Assessment ,
Risk Mitigation ,
SCOTUS ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Until December 2017, the auto industry operated under the understanding that the federal Military Lending Act's (MLA) exclusion from coverage for credit transactions "expressly intended to finance the purchase of a motor...more
On April 15, 2019, the Federal Trade Commission and the Office of the Georgia Attorney General presented "Green Lights and Red Flags: FTC Rules of the Road for Business." The program addressed a variety of issues, including...more
Last fall, Microsoft released its Xbox Adaptive Controller, which is made for those with limited mobility. As Microsoft artfully put it in a television commercial advertising the new product, "When everyone plays, we all...more
8/30/2019
/ Americans with Disabilities Act (ADA) ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Mobile Apps ,
Public Accommodation ,
Risk Assessment ,
Risk Management ,
Risk Mitigation ,
Voluntary Self-Audit ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Website Owner Liability ,
Websites
Our country’s military members and their families devote their lives to serving the defense needs of our country, often at great personal sacrifice. As a result, federal and state laws have been crafted to provide these...more
During the past year, many small dollar lenders operated under looming rulemaking from the Bureau of Consumer Financial Protection (“CFPB”), which threatened elimination of their businesses. This survey reviews small dollar...more