News & Analysis as of

Fraud Consumer Financial Protection Bureau (CFPB) Dodd-Frank Wall Street Reform and Consumer Protection Act

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Kohrman Jackson & Krantz LLP

Supreme Court Rules SEC Use of In-House Tribunals Unconstitutional: A Detailed Examination of the Ruling

On June 27, 2024, the United States Supreme Court issued a landmark decision in SEC v. Jarkesy, ruling that the Securities and Exchange Commission’s (SEC) use of in-house tribunals for civil penalties in securities fraud...more

Ballard Spahr LLP

House Financial Services Committee Chairman warns CFPB that restrictions on use of secondary data will stifle innovation and harm...

Ballard Spahr LLP on

The Chairman of the House Financial Services Committee, Patrick McHenry (R-NC), sent a comment letter to CFPB Director Rohit Chopra in response to the CFPB’s notice of proposed rulemaking that would implement Section 1033 of...more

Holland & Knight LLP

New Rules of the Road: FTC's Proposed Changes to Car, Boat, Motorcycle and RV Sales Practices

Holland & Knight LLP on

The Federal Trade Commission (FTC) has issued a new proposed rule that aims to make the "motor vehicle"-buying process more clear and competitive, and also allow the FTC to recover money when consumers are misled or charged...more

Wiley Rein LLP

Wiley Consumer Protection Download (November 29, 2021)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

ArentFox Schiff

Privacy Update: California Signs New CCPA and Privacy Related Bills into Law

ArentFox Schiff on

California Signs New CCPA and Privacy Related Bills into Law - California’s Governor recently signed into law three new bills impacting CCPA and privacy in California, including: AB 335, which exempts from the CCPA and...more

Alston & Bird

Third Party Payment Processors as ‘Covered Persons’: A Return to CFPB Regulation by Enforcement?

Alston & Bird on

A&B ABstract: The CFPB has recently asserted extraordinary authority to make any payment processor monitor the activities of any merchant for which it processes payments, even if that merchant does not provide consumer...more

Wiley Rein LLP

Wiley Consumer Protection Download (March 15, 2021)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Ballard Spahr LLP

Central District of California Subjects CFPB Telemarketing Sales Rule Claims to Rule 9(b)’s Heightened Pleading Standards

Ballard Spahr LLP on

In a recent case, the Central District of California held that the CFPB’s claims against a credit repair service under the Telemarketing Sales Rule (“TSR”) must meet Federal Rule of Civil Procedure 9(b)’s heightened pleading...more

King & Spalding

House Financial Services Committee Votes To Repeal And Replace Dodd-Frank

King & Spalding on

On September 13th, the House Financial Services Committee approved the Financial CHOICE Act of 2016 to repeal and replace key parts of the 2010 Dodd-Frank law by a largely partisan vote of 30 to 26. Democrats declined to...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

Financial Industry Developments - CFTC Announces Measures to Enhance Protection of Customer Funds - On August 8, 2016, the U.S. Commodity Futures Trading Commission (CFTC) announced three separate enhancements...more

Manatt, Phelps & Phillips, LLP

Payment Processor Hit With CFPB Action

A payment processor and two executives were the subject of a new Consumer Financial Protection Bureau (CFPB) action, with the Bureau charging that the defendants enabled their clients to make unauthorized withdrawals from...more

Goodwin

CFPB Files Lawsuit Against Payment Processor Over Alleged Unauthorized Withdrawals from Consumer Accounts

Goodwin on

On June 6, 2016, the Consumer Financial Protection Bureau (CFPB) announced it filed a lawsuit against a third-party payment processor and two of the company’s executives over allegations the company permitted unauthorized...more

MoFo Reenforcement

CFPB Wins MTD, But Loses on Scienter Standard for Aiding-and-Abetting Claims

MoFo Reenforcement on

A federal judge has rejected the CFPB’s argument that the CFPA should incorporate a lower standard for “recklessness” than that to secondary liability under the Securities and Exchange Act of 1934 (“SEC Act”). On September 1,...more

Morgan Lewis

CFPB Issues List of Consumer Protection Concerns for New Faster Payment Systems

Morgan Lewis on

The Consumer Protection Principles continue the CFPB’s expansive approach. Stating that it wants to ensure that “any new payment systems are secure, transparent, accessible, and affordable to consumers” and have “robust...more

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