Newsletters

03.28.18

Ninth Circuit Sides With FDIC, Upholds BSA Constitutionality

Is the Bank Secrecy Act unconstitutional? Not so, says the Ninth Circuit. This article explains the court’s analysis and why it matters to covered financial institutions.


03.28.18

CFPB News: RFIs, Mortgage Servicer Rule, California Court Upholds Judgment

In CFPB news, Mick Mulvaney’s efforts to reshape the Consumer Financial Protection Bureau (CFPB or Bureau) continue apace with more requests for information and improvements to the mortgage servicing rule.


03.28.18

New FTC Act Enforcement by FDIC and FTC

Although the CFPB may be retreating from exercising its authority to enforce UDAAP violations under the Dodd-Frank Act, Section 5 of the FTC Act continues to be a potent weapon used by regulators, including the FDIC.


03.28.18

California DBO, Virginia AG Target Short-term Lending

As the Consumer Financial Protection Bureau retreats, states continue their aggressive attacks on short-term lending.


03.21.18

Top Takeaways From the D.C. Circuit’s Long-Awaited TCPA Decision

The old adage “good things come to those to wait” showed itself to be true when on Friday, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA Int’l v. FCC, just shy of 17 months after oral argument.


03.15.18

Federal Court Adopts CFTC Position on Cryptocurrency Authority

In the first case of its kind, a New York federal district court has adopted the position of the Commodity Futures Trading Commission (CFTC) that it has jurisdiction to regulate the virtual currency markets.


03.15.18

Ninth Circuit: NBA Doesn’t Preempt California Escrow Law

In a ruling that could prove costly to some national banks, the Ninth Circuit has ruled that the National Bank Act (NBA) does not preempt California state law mandating that financial institutions pay borrowers interest on funds held in their escrow accounts.


03.15.18

FTC Settles With Payment and Social Networking Service

The Federal Trade Commission (FTC) entered into a Consent Order with an online payment system company, settling charges that its payment and social networking service violated the Gramm-Leach-Bliley Act (GLBA) and related regulations, as well as Section 5 of the Federal Trade Commission Act ...


03.15.18

BSA/AML Failures Prove Costly

Recent enforcement actions demonstrate just how expensive failures with regard to Bank Secrecy Act and anti-money laundering (BSA/AML) compliance can be and how intentional conduct can enhance the severity of a penalty, with the California branch of a foreign bank required to pay upward of $368 ...


03.15.18

New Guidance From SEC, New York’s DFS

Hoping to help covered entities, the Securities and Exchange Commission (SEC) released an update on cybersecurity while New York’s Department of Financial Services (DFS) published guidance for licensed virtual currency businesses in the state.