Legal News

DFPI Issues Proposed Commercial Financing Rules

Source: site On June 24, the California Department of Financial Protection and Innovation (DFPI) issued proposed regulations implementing certain provisions of the California Consumer Financial Protection Law (CFPL) related to commercial financial products and services. Written comments on the proposed regulations are…

CFPB Clarifies Legality Of Debt Collector Pay-To-Pay Fees

Source: site The Consumer Financial Protection Bureau (CFPB) issued an advisory opinion on June 29, 2022, clarifying its view as to the legality under the Fair Debt Collection Practices Act (FDCPA) of “convenience fees” for optional methods of expedited payment not prescribed…

Florida mortgage delinquency, foreclosure rates slightly worse than national average

Source: site In the first quarter of 2022, Florida ranked almost exactly in the middle of the pack in three key categories of the national homeowner economy: delinquent mortgages, total non-current mortgages, and foreclosure rates, according to a report issued by…

DFPI Proposes Rules For Commercial Financial Products And Services

Source: site In 2020, California enacted the California Consumer Financial Protection Law, Cal. Fin. Code § 90000 et seq.  The CCFPL authorizes the Department of Financial Protection & Innovation to define unfair, deceptive, and abusive acts and practices in connection with…

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…