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Finance & Banking Consumer Protection Civil Procedure

Read Finance & Banking Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Saul Ewing Arnstein & Lehr LLP

Trump Administration Seeking Presidential Authority to Remove CFPB Director, asking Supreme Court to Decide

As the CFPB is currently structured, the head of the CFPB may only be ousted by the President for good cause. However, the Trump Administration is asking the Supreme Court to take up a case on certiorari to decide the issue...more

Ballard Spahr LLP

New plot twist: CFPB agrees its structure is unconstitutional

by Ballard Spahr LLP on

The long-running saga that is the litigation over whether the CFPB’s single-director-removable-only-for-cause structure is constitutional took a new twist on Tuesday with the CFPB’s announcement that it has determined that...more

Weiner Brodsky Kider PC

11th Circuit Rules Servicer’s Monthly Informational Statements to Bankruptcy Debtor with Discharged Debts Are Not Debt Collection...

by Weiner Brodsky Kider PC on

The Eleventh Circuit ruled that monthly mortgage statements sent by a mortgage servicer to a debtor whose debts were discharged in bankruptcy do not violate the bankruptcy code’s prohibition against attempts to collect a...more

Carlton Fields

Financial Services Update: Week Ending September 6, 2019

by Carlton Fields on

Financial Services Update - TCPA / ATDS: lender's dialer equipment not an ATDS because it is not capable of generating and dialing random or sequential numbers - Brown v. Ocwen Loan Serv. LLC, No. 8:18-cv-136-T-60AEP (M.D....more

Hinshaw & Culbertson LLP

New York's Highest Court to Determine Whether Voluntary Discontinuance Revokes Acceleration of Debt

by Hinshaw & Culbertson LLP on

We previously discussed the State of New York's Appellate Division for the Second Judicial Department's holding that a lender's voluntary discontinuance of a judicial foreclosure action by itself, whether by court order or...more

Weiner Brodsky Kider PC

11th Circuit Finds Bank’s Disclosure of Calculation of Overdraft Fees Ambiguous

by Weiner Brodsky Kider PC on

The Eleventh Circuit concluded that a bank’s contract agreements were ambiguous in communicating which method the bank would use to calculate a customer’s available balance in assessing overdraft fees. The Eleventh Circuit...more

Ballard Spahr LLP

House Judiciary Committee passes bill to ban mandatory arbitration agreements

by Ballard Spahr LLP on

Last week, by a vote of 22-14 (with one Republican voting for the bill), the House Judiciary Committee passed H.R. 1423, the “Forced Arbitration Injustice Repeal Act.”  A Senate companion bill (S. 610) was introduced in...more

Ballard Spahr LLP

Dept. of Education finalizes regulations allowing use of pre-dispute arbitration agreements by schools receiving Title IV aid for...

by Ballard Spahr LLP on

In less than a year, pre-dispute arbitration agreements will be clearly permissible again now that the Department of Education has finalized its proposal to rescind the Obama administration’s “Borrower Defense” rule issued in...more

Weiner Brodsky Kider PC

New York Restores Statute of Limitations Under Martin Act to Six Years

by Weiner Brodsky Kider PC on

On August 26, 2019, New York Governor Andrew Cuomo signed into law a bill that, effective immediately, restores the statute of limitations for financial fraud claims brought under the Martin Act to six years.  This bill...more

Ballard Spahr LLP

FTC’s Section 13(b) Powers Undermined by Two Circuit Courts

by Ballard Spahr LLP on

Two recent Circuit Court opinions have significantly undermined the FTC’s powers under Section 13(b) of the Federal Trade Commission Act (FTCA).  These pivotal decisions may ultimately require the U.S. Supreme Court to...more

Ballard Spahr LLP

OCC and FDIC file joint amicus brief urging Colorado federal district court to reject Madden

by Ballard Spahr LLP on

The OCC and FDIC have filed a joint amicus brief in a Colorado federal district court arguing that the court should affirm the decision of a bankruptcy court holding that a non-bank loan assignee could charge the same...more

Ballard Spahr LLP

Fifth Circuit panel in All American Check Cashing asks parties to brief impact of en banc Fifth Circuit decision holding FHFA...

by Ballard Spahr LLP on

The issue of the CFPB’s constitutionality is currently before the Fifth Circuit in the interlocutory appeal of All American Check Cashing from the district court’s ruling upholding the CFPB’s constitutionality.  Oral argument...more

Ballard Spahr LLP

Ninth Circuit Orders Plaintiffs to File Responses to Blair Rehearing Petitions

by Ballard Spahr LLP on

We recently posted a discussion concerning the petitions for rehearing filed in the Blair v. Rent-A-Center appeals pending in the Ninth Circuit which raise the issue of whether the Federal Arbitration Act preempts...more

Drinker Biddle & Reath LLP

Seven States and D.C. Aggressively Challenge Reg BI

by Drinker Biddle & Reath LLP on

On September 9, 2019, the states of New York, California, Connecticut, Delaware, Maine, New Mexico and Oregon, and the District of Columbia (collectively, the States) filed a complaint for declaratory and injunctive relief...more

American Conference Institute (ACI)

[Event] Residential Mortgage Regulatory Enforcement & Litigation - October 29th-30th, Dallas, TX

Attend the only forum designed to help you navigate the Residential Mortgage Industry’s evolving landscape. Now in its 26th installment, ACI’s Residential Mortgage forum has become a premier gathering of the key industry...more

Hudson Cook, LLP

States' Divergent Approaches to Unfair, Deceptive, and Abusive Acts and Practices Reveal Consumer Protection Priorities

by Hudson Cook, LLP on

Until recently, legal principles surrounding unfairness, deception, and abusiveness have been defined primarily at the federal level, yet with perceived federal retrenchment from consumer protection, states have increasingly...more

Ballard Spahr LLP

En banc Fifth Circuit decision holding FHFA structure unconstitutional could presage similar fate for CFPB and circuit split

by Ballard Spahr LLP on

The en banc Fifth Circuit has ruled in Collins v. Mnuchin that the FHFA is unconstitutionally structured because it is excessively insulated from Executive Branch oversight and that the appropriate remedy for the...more

Ballard Spahr LLP

CFPB files amicus brief in Third Circuit supporting PA AG

by Ballard Spahr LLP on

The CFPB has filed an amicus brief in the U.S. Court of Appeals for the Third Circuit in the Pennsylvania Attorney General’s lawsuit against Navient Corp.  The PA AG’s lawsuit includes claims that Navient violated the...more

Ballard Spahr LLP

Court dismisses lawsuit filed by state regulators to block OCC fintech charter

by Ballard Spahr LLP on

The D.C. federal district court has granted the OCC’s motion to dismiss the lawsuit filed by the Conference of State Bank Supervisors (CSBS) to block the OCC from issuing special purpose national bank (SPNB) charters to...more

Alston & Bird

Recent Cases Deepen the Divide Among Circuits on Standing to Sue for Violations of FACTA

by Alston & Bird on

A&B Abstract: Recent cases by the Eleventh Circuit and the D.C. Circuit deepen the divide among the courts on the standing of consumers to sue for violations of the Fair and Accurate Credit Transactions Act (“FACTA”). ...more

Goodwin

Financial Services Weekly News: Agencies Simplify Volcker Rule

by Goodwin on

In This Issue. The Federal Deposit Insurance Corporation (FDIC) and Office of the Comptroller of the Currency (OCC) approved an interagency final rule to simplify and tailor requirements relating to the Volcker Rule; the...more

Womble Bond Dickinson

Ninth Circuit weighs in on FCRA requirement that disputes come ‘directly’ from consumers

by Womble Bond Dickinson on

In Trinity Warner v. Experian (link), the Ninth Circuit recently affirmed a district court’s summary judgment in favor of Experian, finding that dispute letters sent to Experian by a “credit repair agency,” Go Clean Credit...more

Carlton Fields

Third Circuit Holds That Statute of Limitations Was Not Extended for Class Action Lawsuit

by Carlton Fields on

In 2005 and 2006, Christopher Blake and James Orkis took out mortgages from JP Morgan to buy homes. Then in 2013, they filed a class action against JP Morgan under the Real Estate Settlement and Procedures Act (RESPA),...more

Ballard Spahr LLP

Amici File Briefs to Support Blair Rehearing Petitions

by Ballard Spahr LLP on

Last week, we published a Legal Alert discussing the petitions for rehearing filed in the Blair v. Rent-A-Center appeals which ask the Ninth Circuit en banc to overturn a panel decision holding that the Federal Arbitration...more

Ballard Spahr LLP

Third Circuit: FDCPA Class Plaintiff who Received QR-Coded Envelope from Debt Collector had Standing Under Spokeo

by Ballard Spahr LLP on

In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that a plaintiff in a class action complaint had Article III standing and was properly awarded summary judgment when a debt collector sent...more

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Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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