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Consumer Protection Elections & Politics

Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

New York Regulation of Consumer Reporting Agencies Following Data Breaches

by Ballard Spahr LLP on

This week, New York Governor Andrew Cuomo issued a press release directing the New York Department of State to issue a new regulation impacting consumer reporting agencies....more

Senate Passes the Criminal Antitrust Anti-Retaliation Act, and Takes Another Shot at Increased Protections for Whistleblowers

On November 15, 2017, the United States Senate passed the Criminal Antitrust Anti-Retaliation Act of 2017 (“CAARA”). This Act would amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (“ACPERA”), and would...more

Democratic state AGs threaten aggressive use of enforcement authority in letter to President Trump

by Ballard Spahr LLP on

The Democratic attorneys general of 15 states and the District of Columbia have sent a letter to President Trump in which they express their support for the CFPB’s consumer protection mission and criticize the President’s...more

The preclusive effect of a Congressional override of the CFPB dealer pricing bulletin: we think Professor Levitin’s premise is...

by Ballard Spahr LLP on

As we reported recently, the Government Accountability Office has determined that CFPB Bulletin 2013-02 on dealer pricing in indirect auto finance (“Dealer Pricing Bulletin” or “Bulletin”) is a “rule” subject to review under...more

Proposed Law Would Criminalize Failures to Report Data Breaches

A draft bill recently introduced in the U.S. Senate serves as a good reminder that compliance with data breach reporting requirements is critical. This bill follows significant, high-profile data breaches by Uber and Equifax,...more

CUNA supports Mulvaney as Acting CFPB Director

by Ballard Spahr LLP on

On December 12, the Credit Union National Association (“CUNA”) filed an amicus brief in D.C. Federal District Court. In the brief, CUNA opposes Leandra English’s motion for a preliminary injunction. English seeks to block...more

New Amendments to Proposition 65 Provide Clarity and Guidance to Clear and Reasonable Warning Requirements

by Reed Smith on

The California Office of Environmental Health Hazard Assessment (“OEHHA”) announced the approval of new amendments to regulations implementing the Safe Drinking Water and Toxic Enforcement Act of 1986, more commonly known as...more

Five amicus briefs in support of Leandra English filed in CFPB Acting Director dispute

by Ballard Spahr LLP on

Five amicus briefs were filed last Friday in support of the motion for a preliminary injunction filed by Leandra English in her action seeking a declaration that she, rather than Mick Mulvaney, has the legal right to serve as...more

Senators Re-Introduce Bill Requiring 30-Day Notification of Company Data Breaches

As we near the end of a year that has seen more than its share of massive data breaches, two bills have been introduced (one re-introduced) in the U.S. Senate....more

Bipartisan bill to provide “true lender” fix introduced in House

by Ballard Spahr LLP on

A bipartisan group of five House members introduced a bill (H.R. 4439) last month that is intended to address the so-called “true lender” issue, which creates risk with respect to some loans made by banks with substantial...more

English files motion for preliminary injunction, amended complaint in CFPB Acting Director dispute

by Ballard Spahr LLP on

As required by Judge Kelly’s scheduling order, yesterday afternoon Leandra English filed a motion for a preliminary injunction in her action seeking a declaration that she, rather than Mick Mulvaney, has the legal right to...more

Mulvaney puts hold on CFPB data collection, takes other actions as Acting Director

by Ballard Spahr LLP on

We have previously blogged about reports that Mick Mulvaney, President Trump’s designee as CFPB Acting Director, has put a 30-day freeze on all regulatory action, CFPB hiring, and new enforcement cases. ...more

Battle of Acting Directors: Round One to Mulvaney

Earlier this week, a federal judge refused to grant a temporary restraining order preventing Mick Mulvaney from assuming the reins of the Consumer Financial Protection Bureau (CFPB) as acting director....more

Bill 31: Alberta Beefs Up Its Consumer Protection Legislation

On November 29, 2017, the Alberta government introduced Bill 31: A Better Deal for Consumers and Businesses Act (Bill 31), which proposes a number of amendments to the Fair Trading Act (Act). The Alberta government...more

Second lawsuit filed challenging Mulvaney’s appointment as CFPB Acting Director

by Ballard Spahr LLP on

Yesterday, the Lower East Side People’s Federal Credit Union filed a complaint in U.S. District Court for the Southern District of New York seeking a declaration that Mick Mulvaney’s appointment as CFPB Acting Director is...more

Cordray announces candidacy for Ohio governor

by Ballard Spahr LLP on

Ending many months of speculation, former CFPB Director Richard Cordray announced yesterday that he is running for Ohio governor....more

Recent Congressional Review Act Developments Could Have Far-Reaching Effects

by Pepper Hamilton LLP on

On December 5, the Government Accountability Office (GAO) essentially invalidated the CFPB’s auto lending guidance by finding that it constitutes a “rule” for purposes of the Congressional Review Act (CRA)....more

Court enters scheduling order in CFPB Acting Director dispute

by Ballard Spahr LLP on

Following a scheduling conference held earlier yesterday, Judge Kelly entered an order setting a briefing schedule and hearing date for Laurena English’s motion for a preliminary injunction in her action seeking a declaration...more

CFPB changes direction in enforcement action; Mulvaney names senior advisor

by Ballard Spahr LLP on

A new filing by the CFPB in its action against Nationwide Biweekly Administration Inc. may be an indicator of the enforcement philosophy of Mick Mulvaney, President Trump’s designee as CFPB Acting Director, and how that...more

Court Rules in Favor of Trump Appointee for CFPB Acting Director Slot

As we reported on earlier today, Consumer Financial Protection Bureau (CFPB) Deputy Director Leandra English filed a lawsuit late Sunday evening in the U.S. District Court for the District of Columbia (District Court) seeking...more

Bipartisan group of lawmakers introduce CRA resolution to override CFPB payday loan rule

by Ballard Spahr LLP on

A bipartisan group of lawmakers has introduced a joint resolution under the Congressional Review Act to override the CFPB’s final payday/auto title/high-rate installment loan rule. House members sponsoring the bill consist...more

English to seek preliminary injunction in CFPB Acting Director dispute

by Ballard Spahr LLP on

Leandra English has filed a Proposed Schedule confirming that she plans to file a motion for a preliminary injunction in her action for declaratory and injunctive relief filed in D.C. federal district court seeking a...more

Democratic Senators oppose Mulvaney freeze on payments from CFPB civil penalty fund/English reported to urge continued enforcement...

by Ballard Spahr LLP on

At a press conference on November 27, Mick Mulvaney, President Trump’s designee for CFPB Acting Director, is reported to have announced that he has placed a 30-day freeze on all regulatory action, CFPB hiring, and payments...more

Window on Washington - Vol. 1, Issue 37

by Clark Hill PLC on

House Majority Leader McCarthy informed members on Thursday that they should be ready to vote this evening on a motion to go to conference with the Senate on tax legislation, despite the House not scheduled to be in session....more

The Trump Administration Gets Its Man at the CFPB

Mick Mulvaney is secure in his new title as Acting Director of the Consumer Financial Protection Bureau (CFPB)—at least for now—as a result of a Trump-appointed judge’s decision, issued on November 28, 2017. The decision came...more

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