Newsletters

12.18.19

DOJ Clarifies FCPA Corporate Enforcement Policy

In the latest update to the Department of Justice’s (DOJ) Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy, the agency formalized prior guidance as to how companies can voluntarily disclose information in order to receive leniency.


12.18.19

Bank Must Face FCRA Suit, Eleventh Circuit Rules

In a cautionary tale for banks, the U.S. Court of Appeals, Eleventh Circuit held that a plaintiff could move forward with his Fair Credit Reporting Act (FCRA) suit after a national bank allegedly failed to investigate a disputed item and used false pretenses to obtain multiple credit reports.


12.11.19

Supreme Court Alert: FDCPA Limitations Period Runs From Violation, Not Discovery

In a victory for common sense, the Supreme Court has ruled, in Rotkiske v. Klemm, that the Fair Debt Collection Practices Act’s statute of limitations begins to run when the alleged FDCPA violation occurs, not when the violation is discovered. 


12.11.19

CFPB News Roundup: Appeals Activism, TRID Review, SCOTUS Date and More

As 2019 nears an end, the Consumer Financial Protection Bureau (CFPB or Bureau) has remained busy, challenging a class action settlement in Maryland, seeking public comment on the TRID disclosure rule, releasing its latest rule-making agenda and its eighth annual Ombudsman Office report, reaching a ...


12.11.19

Student Lending: AGs Question Education Department, CFPB Sued

In the latest student lending happenings, a group of state attorneys general wrote to the Department of Education seeking confirmation of student loan discharge relief to thousands of borrowers, while a consumer group filed suit against the Consumer Financial Protection Bureau (CFPB) alleging lax ...


12.04.19

OCC, FDIC Propose Madden Fix Regulations

In a welcome development for fintechs, lenders and investors, the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) separately have proposed regulations to address the substantial uncertainty created by the Second Circuit’s decision in Madden ...


12.04.19

Disgorgement: One Less Arrow in the SEC’s Quiver?

Can the Supreme Court’s 2017 decision in Kokesh v. SEC, which found that disgorgement is a penalty and not an equitable remedy for statute of limitations purposes, be logically expanded to spell the end of the SEC’s long-standing and widely accepted practice of seeking disgorgement from ...


11.26.19

CFPB News: Enforcement Updates, New Interpretive Rule and Well-Being Report

In recent Consumer Financial Protection Bureau (CFPB) news, the CFPB notched a $59 million victory in Wisconsin federal court, settled an enforcement action on employment background screening and published an interpretive rule easing the requirements for a temporary loan originator license.  


11.26.19

Bill Would Expand Interest Rate Cap

A new bill introduced in both houses of Congress would extend the Military Lending Act’s (MLA’s) 36 percent per annum interest rate cap to all consumer borrowers, not just military service members. The change would affect all MLA-covered loans.  


11.20.19

Ninth Circuit Eases Path for FCRA Plaintiffs

Addressing two issues of first impression in the U.S. Court of Appeals, Ninth Circuit, a panel ruled that a consumer suffers a concrete, Article III injury-in-fact when a third party obtains her credit report for a purpose not authorized by the Fair Credit Reporting Act (FCRA).