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Consumer Financial Contracts

Goodwin

CFPB Report Spotlights Consumer Risks with Private, Solar-Specific Loans

Goodwin on

​​​​​​​On August 7, 2024, the Consumer Financial Protection Bureau (CFPB) issued a report spotlighting four marketing and financing practices relating to solar financing that it claims pose significant consumer risks (the...more

BCLP

Prioritising consumer redress over fines: FCA’s H2O Final Notice

BCLP on

On the 7 August 2024, the FCA issued its Final Notice to the asset manager H2O AM LLP (“H2O”), in the context of which H2O agreed to pay €250 million to investors who have been unable to access their funds since 2020. In the...more

Troutman Pepper

The CARS Rule — Moving the Metal: The Auto Finance Podcast

Troutman Pepper on

In this inaugural episode of Moving the Metal, Troutman Pepper attorneys Brooke Conkle and Chris Capurso examine the major requirements of the FTC's proposed CARS Rule. After a refresher on the rule's requirements, Brooke and...more

Hudson Cook, LLP

CFPB Takes Dual Action Against Bank Holding Company for Alleged Unlawful Repossessions and Sales Practices.

Hudson Cook, LLP on

On July 9, 2024, the CFPB issued a consent order and proposed court order against the Company, the former citing allegedly unlawful repossessions, and the latter citing allegedly unlawful sales practices. The consent order...more

Kilpatrick

Mind the Fine Print: CFPB Warns Against Use of Unenforceable Terms and Conditions

Kilpatrick on

In a move that underscores the importance of clarity and accuracy in consumer-facing terms and conditions, the Consumer Financial Protection Bureau recently issued Circular 2024-03, addressing the use of unlawful or...more

Wilson Sonsini Goodrich & Rosati

Avoiding Pitfalls in Consumer Financial Services Contracts: CFPB Warns Against Unlawful and Unenforceable Fine Print Terms

Companies that provide consumer financial services and products be warned—a careful review of your fine print may be in order. Although broad disclaimers, liability waivers, and releases tend to be commonplace in general...more

Sheppard Mullin Richter & Hampton LLP

CFPB Circular Targets “Deceptive” Fine Print

On June 4, the CFPB issued a circular targeting the deceptive use of fine print in consumer financial contracts to include unlawful or unenforceable terms. In a press release issued the same day, the CFPB stressed that these...more

Troutman Pepper

Contract Terms and Conditions Come Under CFPB Scrutiny

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The Consumer Financial Protection Bureau (CFPB or Bureau) has issued a circular warning covered persons that including unlawful or unenforceable terms and conditions in consumer contracts can violate the prohibition on...more

Ballard Spahr LLP

CFPB issues UDAAP guidance on contracts for consumer financial products and services

Ballard Spahr LLP on

On June 4, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued a Consumer Financial Protection Circular 2024-03 (“Circular”) warning that the use of unlawful or unenforceable terms and conditions in contracts for...more

Troutman Pepper

Auto Finance – The Holder Rule — The Consumer Finance Podcast

Troutman Pepper on

Troutman Pepper attorneys Brooke Conkle and Chris Capurso discuss the Federal Trade Commission's "Holder Rule" in the third of five special episodes devoted to auto finance issues. Although the Holder Rule has been around...more

Ballard Spahr LLP

Lawmakers and AFSA oppose future arbitration rulemaking

Ballard Spahr LLP on

In connection with the petition to ban pre-dispute consumer arbitration agreements pending before the Consumer Financial Protection Bureau (CFPB) and a recent Senate Judiciary Committee hearing on “forced arbitration,”...more

Holland & Knight LLP

Will Mariner Finance Decision Lead State Regulators to Bring CFPA Claims?

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A lengthy decision recently issued by the U.S. District Court for the Eastern District of Pennsylvania, Pennsylvania by Shapiro v. Mariner Fin., LLC, No. CV 22-3253, 2024 WL 169654 (E.D. Pa. Jan. 12, 2024) (Hodge, J.), may...more

Goodwin

Horizon Scan for Private Investment Funds: Key Recent and Expected funds, Regulatory and Tax Developments to look out for -...

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Welcome to the first edition of our Horizon Scan for 2024: key recent and expected funds, regulatory and tax developments to look out for. As before, we focus on the most important developments and changes that we expect to...more

Ballard Spahr LLP

Class Actions Are Testing the Limits of California Consumers’ “Right to Gripe”

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On September 9, 2014, then-Governor Jerry Brown of California signed into law Assembly Bill No. 2365. The law, which went into effect in January of 2015, prohibits contracts for the sale or lease of consumer goods from...more

Hudson Cook, LLP

CFPB Bites of the Month - 2023 Annual Review - Biggest Fines and Penalties

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In this article, we share a list of the top 10 biggest fines and penalties from our monthly bites for 2023....more

Goodwin

California Department of Financial Protection Issues Consent Order Against Fintech Company

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​​​​​​​On January 9, 2024, the California Department of Financial Protection and Innovation (DFPI) announced that it entered into a consent order with a Delaware fintech company that provided California consumers with access...more

Troutman Pepper

Washington State Representatives Propose Amendments Targeting Bank Model Lending and Loan Programs Based on Tips or Memberships

Troutman Pepper on

Washington now joins the list of states that have enacted or proposed legislation adopting so-called anti-evasion provisions, including legislation passed in Minnesota, Connecticut, Nebraska, and proposed in Florida. On...more

Troutman Pepper

CFPB Reports That College-Sponsored Financial Products Have Higher Fees and Less Favorable Terms

Troutman Pepper on

The Consumer Financial Protection Bureau (CFPB or Bureau) released its 14th annual report to Congress in fulfillment of its requirements under the Credit Card Accountability Responsibility and Disclosure (CARD) Act. For the...more

Ballard Spahr LLP

FTC issues final CARS Rule setting new requirements on vehicle sales

Ballard Spahr LLP on

On December 12, 2024, the Federal Trade Commission (“FTC”) announced its Combating Auto Retail Scams Rule, otherwise known as the “CARS Rule,” setting new requirements on the sale, financing, and leasing of vehicles by motor...more

Hudson Cook, LLP

New York Department of Financial Services Reminds Auto Finance Companies to Credit Consumers for Ancillary Product Refunds

Hudson Cook, LLP on

If you cancel a service before your contract is up and you paid ahead of time, you probably expect a refund. For example, if you paid $600 for a year's worth of a service and cancelled nine months into the contract, you...more

Cadwalader, Wickersham & Taft LLP

Multistate and CFPB Enforcement Actions Against Lease Finance Company Tempoe

The Consumer Financial Protection Bureau (“CFPB”) announced on Monday that it and 41 states and the District of Columbia had resolved a multistate investigation in the leasing activities engaged in by specialty consumer...more

Lowndes

Know Your Rights: 5 Facts About Usury Laws in Florida

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Usury is the unlawful lending of money at unreasonably high rates of interest. So, what is unreasonable? And what happens if your loan goes beyond that amount?...more

Lowndes

Florida Senate Bill Tries to Counter MV Realty’s 40-year Liens by Regulating “Residential Loan Alternative Agreements”

Lowndes on

In a move to protect homeowners from deceptive practices, the Florida Senate has passed CS/CS/SB 770, a bill that regulates residential loan alternative agreements for the sale of residential real property. The bill, which...more

Latham & Watkins LLP

The FCA’s Consumer Duty - Determining “Material Influence”

Latham & Watkins LLP on

The Consumer Duty applies to firms that materially influence consumer outcomes. The Consumer Duty (Duty) (as set out in the FCA’s Policy Statement PS22/9 and guidance document FG22/5) will come into force at the end of...more

Hudson Cook, LLP

[Webinar] CFPB Bites of the Month: Beware the Ides of March and the CFPB - March 15th, 2:00 pm - 2:30 pm ET

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We thank you for joining us over the past three years and are pleased to resume our CFPB Bites of the Month series in 2023! Consumer financial services concerns continue to be front and center in the daily news cycles....more

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