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Lowering the Bar: CFPB Unveils Its Playbook on Combatting “Abusiveness”

On April 3, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) published a broad and wide-ranging Policy Statement on Abusiveness (“Policy Statement”) meant to assist “government enforcers” in identifying and...more

States Fulfill Their Promise of More Regulatory Oversight of Consumer Financial Services: What Industry Needs to Know

Both the departure of Richard Cordray at the Consumer Financial Protection Bureau (CFPB) and the Trump Administration’s priority to ease regulatory burden spurred speculation that the states would fill the void as the...more

Pennsylvania Enters into a New Area of Consumer Protection Enforcement: What Financial Services Companies Must Do Now

Since coming into office in January of this year, Pennsylvania Attorney General ("AG" or "General") Josh Shapiro has wasted no time in rebuilding an office that had been riddled with scandal and inefficiencies. One top...more

If the CFPB is Remiss, the Court Must Dismiss: CFPB Must Provide Facts to Support Its Claims

On Friday, August 25, 2017, a Federal District Court in the Northern District of Georgia took the extraordinary step of dismissing an enforcement action brought by the Consumer Financial Protection Bureau ("CFPB" or "Bureau")...more

Federal District Court Dismisses CFPB Enforcement Action Against Payment Processor; UDAAP Not Sufficiently Pled

A federal district court judge for the District of North Dakota has granted a payment processor's motion to dismiss an enforcement action brought by the Consumer Financial Protection Bureau (CFPB or Bureau). This is one of a...more

Regulators Issue New Guidance on Expectations of Deposit Reconciliations: Beware of the UDAAP Implications

In response to a recent consent order against a depository institution and several other examinations of major banks, five federal financial regulators have issued an inter-agency guidance ensuring that depository...more

UDAAP: Regulating the "Could've, Would've, Should've"

Yesterday's Consumer Financial Protection Bureau's (CFPB) Consent Order against Dwolla, Inc., a company that operates an online payment system, is yet more evidence of the murky world of Unfair, Deceptive, or Abusive Acts or...more

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