Legal News

11th Circuit Holds TILA Statement May Be Subject To FDCPA

Source: site The U.S. Court of Appeals for the Eleventh Circuit decided a case last week in which it held that monthly mortgage statements required under TILA may (but do not necessarily) constitute communications in connection with the collection of a debt and therefore may be…

States Encouraged By CFPB To Enforce Federal Consumer Financial Law

Source: site The Consumer Financial Protection Bureau (“the Bureau” or CFPB) released an Interpretive Rule—which is exempt from notice-and-comment requirements of the Administrative Procedure Act—that sets out its view on the power of states to bring enforcement actions pursuant to the federal Consumer Financial…

CFPB Says Using Complex Algorithms Is Not A Legal Defense For Discrimination

Source: site The Consumer Financial Protection Bureau recently warned companies that, under federal anti-discrimination laws, they still owe consumers an explanation of specific reasons for denying credit applications, even if they use complex algorithms to determine creditworthiness. The move is both a reminder of…

CFPB Expansion Of States’ Enforcement Authority May Be Illegal

Source: site Since Rohit Chopra’s confirmation as director of the Consumer Financial Protection Bureau in 2021, he has aggressively moved the CFPB back to the policy positions formerly employed during the Obama administration. Oftentimes based upon supposition without actual support (even…

North Carolina AG Permanently Enjoins Debt Settlement Business

Source: site On May 26, 2022, the North Carolina Attorney General (NC AG) announced that it obtained a default judgment against a California-based debt settlement business, and its proprietor.  The lawsuit, filed on June 25, 2021 in the North Carolina Superior Court for Wake County,…

Credit Union Trades Applaud CFPB Decision To Supervise Fintechs

Source: site The Consumer Financial Protection Bureau (CFPB)’s decision to establish supervisory powers over nonbank financial institutions will level the playing field and subject those companies to much-needed scrutiny, credit union trade groups informed the agency Tuesday. “These business models of nonbank…

CFPB Launches New Circulars to Provide Guidance on How the CFPB Intends to Enforce Consumer Financial Law

Source: site Recently, the CFPB announced that in an effort to promote fair competition and greater consistency among enforcers, the CFPB will issue Consumer Financial Protection Circulars (CFPCs), which will provide guidance to other agencies with consumer financial protection responsibilities on how the…

New Yorkers Sued By Debt Collectors Can Now Get Legal Advice From Non-Lawyers

Source: site New Yorkers facing debt-collection lawsuits are poised to get a little extra help in the wake of a federal court’s ruling — and some observers say it could translate to a win for consumers across the country who have…

FDIC and CFPB Take Action to Protect Against Misrepresentations about FDIC Insured Status and Misuse of Name and Logo

Source: site On May 17, the FDIC and the CFPB took parallel actions to combat the misuse of the name or logo of the FDIC and deceptive representations about deposit insurance. The FDIC approved a final rule implementing its statutory authority…

CFPB’s Latest Existential Threat: Legal Challenges To Its Funding

Source: site By  Kate Berry The Consumer Financial Protection Bureau again faces an existential threat in the courts — this time over whether the agency’s funding by the Federal Reserve System is constitutional. Earlier this month, five judges on the U.S. Court…