• 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.

  • 03.15.18

    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

    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

    Madden Closer to Being Fixed

    Inching one step closer to passage, the full House of Representatives approved the so-called Madden fix bill by a vote of 245 to 171. 

  • 03.09.18

    No Vicarious Liability Without Ratification, Ninth Circuit Rules

    A trio of payday lenders and two marketing companies did not indirectly violate the Telephone Consumer Protection Act (TCPA) by working with a lead generator that used an automated program to send text message ads, the U.S. Court of Appeals for the Ninth Circuit recently ruled.

  • 03.09.18

    Florida Court: No ATDS, No TCPA Suit

    Finding that the telephone system used by the defendant was not an automatic telephone dialing system (ATDS), a Florida federal court dismissed a putative TCPA class action.

  • 03.09.18

    Too Soon to Dismiss TCPA Action, Court Decides

    A Connecticut judge denied a motion to dismiss a putative TCPA class action, ruling that whether the faxes at issue were unsolicited remains in dispute.

  • 03.09.18

    Consent Revocation a Factual Inquiry Precluding Summary Judgment

    A federal judge in the Middle District of Florida denied cross motions for summary judgment in Patterson v. Ally Financial, Inc., holding that whether the plaintiff effectively revoked consent to receive calls “is a fact-sensitive inquiry” precluding summary judgment in favor of either ...

  • 03.09.18

    Eleventh Circuit’s Decision on Partial Revocation Stands

    The Eleventh Circuit declined to reconsider its decision in Schweitzer v. Comenity Bank, denying the defendant’s motion to rehear the case.