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Equal Credit Opportunity Act Financial Services Industry Fair Credit Reporting Act (FCRA)

Ballard Spahr LLP

NCLC Asks CFPB to Consider Residential Leases as Credit for Specific Purposes

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The National Consumer Law Center is asking the CFPB, by way of a petition, for rulemaking that is long on policy arguments but woefully short on legal support, as we note below, to define residential leases as “credit” under...more

Goodwin

2023 Year in Review: Credit Reporting

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Welcome to the Credit Reporting chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - The CFPB’s announcement of a proposed rulemaking to remove medical bills from...more

Troutman Pepper

9 Consumer Finance Issues to Note From CFPB Report

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In July, the Consumer Financial Protection Bureau published a report highlighting various unfair, deceptive, and abusive acts or practices it claims to have uncovered during its supervisory examinations from July 2022 to...more

Venable LLP

CFPB Weighs in on Credit Denials by Lenders When Using AI and Complex Credit Models

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The CFPB has issued a Circular addressing adverse action notification requirements and the proper use of the CFPB's sample forms provided in Regulation B when using artificial intelligence (AI) and complex credit models, and...more

Cozen O'Connor

CFPB Emphasizes that AI is not Above the Law

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The CFPB issued guidance for lenders on the use of artificial intelligence (AI) when determining whether or not to extend credit to consumers. The guidance clarifies that creditors relying on AI or other complex credit...more

Hudson Cook, LLP

Adverse Action Notices - A Compliance Issue That Should Not Be Overlooked

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Adverse action notices, a perennial compliance issue, should not be neglected and, indeed, warrant closer scrutiny. The CFPB has long been interested in adverse action issues....more

Troutman Pepper

CFPB's Section 1071 Final Rule (Part 3): Potential Problem Areas – The Consumer Finance Podcast

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Please join Troutman Pepper Partner Chris Willis and his colleagues Mark Furletti, Joe Reilly, and Christine Emello for the last installment of a special three-part series about the Consumer Financial Protection Bureau’s...more

Ballard Spahr LLP

CFPB makes updates and corrections to CFPB and other federal agency contact information in ECOA and FCRA notices

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On March 20, 2023, the CFPB published a final rule in the Federal Register that makes non-substantive corrections and updates to CFPB and other federal agency contact information found in various regulations, including the...more

Troutman Pepper

Creditors and Employers Beware: CFPB Amends Model Background Check Form and Adverse Action Language

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The Consumer Financial Protection Bureau (CFPB or Bureau) issued a final rule updating, among other things, the model form for the Fair Credit Reporting Act (FCRA) Summary of Consumer Rights and information that must be...more

Hudson Cook, LLP

CFPB Bites of the Month - 2022 Annual Review - Credit Cards

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In this article, we share a timeline of our monthly "bites" for 2022 applicable to the credit card industry. As evidenced by the timeline, federal regulators (primarily the CFPB) are beginning to renew their focus on credit...more

Eversheds Sutherland (US) LLP

DC Circuit Court of Appeals to rule on PayPal’s challenge to CFPB’s Prepaid Rule

In December 2019, PayPal, Inc. filed suit in the US District Court for the District of Columbia challenging the CFPB’s authority to issue two provisions of the so-called prepaid rule, which governs consumer financial products...more

Bradley Arant Boult Cummings LLP

CFPB Puts Mortgage Servicing Industry on Notice: Being “Unprepared is Unacceptable”

On April 1, 2021, the Consumer Financial Protection Bureau emphasized that the mortgage servicing industry must prepare now for an inevitable increase later this year in loss mitigation requests from borrowers whose COVID-19...more

Troutman Pepper

2020 Consumer Financial Services Year in Review & A Look Ahead

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2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions...more

Morrison & Foerster LLP

Financial Services Report - Spring 2021

Can you say 0 to 60? Not cars, but pretty much everything to do with financial services. A new year, a new administration, and new challenges for providers. Prior CFPB Director Kraninger is long gone. Acting Director Uejio...more

Goodwin

CFPB Sues Connecticut-Based Mortgage Lender

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On January 15, 2021, the Consumer Financial Protection Bureau (CFPB) announced it had filed suit in the United States District Court for the District of Connecticut against a Connecticut-based mortgage company and three...more

Ballard Spahr LLP

CFPB Publishes Blog Post On Providing Adverse Action Notices When Using Artificial Intelligence/Machine Learning Models

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The CFPB recently published a blog post titled, “Innovation spotlight: Providing adverse action notices when using AI/ML models.”...more

Ballard Spahr LLP

Lawsuit By 3 Trade Groups Challenging Nevada Spousal Credit History Law Dismissed

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A federal District Court judge in Nevada has dismissed a case filed by several trade associations against the Commissioner of the Financial Institutions Division (“FID”) of the Nevada Department of Business and Industry and...more

Ballard Spahr LLP

Trade groups respond to Nevada regulator and AG in lawsuit challenging Nevada law

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We recently provided an update in a case we’ve been following involving a lawsuit challenging a Nevada statute, SB 311, that allows an applicant for credit with no credit history to request that a creditor treat an...more

Ballard Spahr LLP

FTC offers advice on use of artificial intelligence and algorithms

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Andrew Smith, Director of the FTC Bureau of Consumer Protection, has written a blog post, “Using Artificial Intelligence and Algorithms,” in which the FTC “offer[s] important lessons about how companies can manage the...more

Hudson Cook, LLP

What's the Deal with Prequalification Anyway?

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Everyone wants to find ‘good’ customers, and as a result, customer acquisition strategies are always front of mind. One popular tool is to allow a consumer to determine if they can be “pre-qualified” for credit. What is a...more

Ballard Spahr LLP

House to hold hearing on artificial intelligence

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On February 12, 2020, the House Financial Services Task Force on Artificial Intelligence will hold a hearing titled, “Equitable Algorithms: Examining Ways to Reduce AI Bias in Financial Services.”...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 24, 2020

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Real Property Update - Quiet Title / Motion to Dismiss: Trial court not permitted to consider or take judicial notice of amended lis pendens and partial release of mortgage that were outside the counterclaim to which a...more

Ballard Spahr LLP

Trade groups respond to motion to dismiss lawsuit challenging Nevada law allowing applicant to rely on spouse’s or former spouse’s...

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The three trade groups challenging an amendment to Nevada law that allows an applicant for credit with no credit history to request that the creditor deem the applicant’s credit history to be identical to that of the...more

Hudson Cook, LLP

Trade Groups Challenge New Nevada Law Allowing Credit Applicants to Rely on Spousal Credit History

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Several trade groups, including the American Financial Services Association, Nevada Credit Union League, and Nevada Bankers Association have filed a lawsuit challenging a new Nevada law aimed at allowing credit applicants...more

Ballard Spahr LLP

Trade groups challenge Nevada law allowing applicant’s reliance on spouse’s or former spouse’s credit report

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On October 1, three trade groups filed a lawsuit in Nevada federal court challenging an amendment to Nevada law that allows an applicant for credit with no credit history to request that the creditor deem the applicant’s...more

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