• 06.19.19

    CFPB News: Kraninger Affirms CIDs, Payday Rule Delayed

    Director Kathy Kraninger is in the news, taking a hard line on civil investigative demands (CIDs), backing two new settlements and issuing a further delay of the payday loan rule.

  • 06.19.19

    Retailer Wins Lawsuit Against Its Merchant Processor

    Are assessments from the credit card networks damages that a merchant should be liable for under its merchant agreement?

  • 06.19.19

    California Arbitration Decision Highlights McGill Risk

    A recent arbitration decision by a federal district court in San Diego highlights the risk posed by the California Supreme Court’s 2017 decision in McGill v. Citibank.

  • 06.10.19

    Retail and Consumer Products Law Roundup June 2019

    Walk down virtually any street, sidewalk, path, beach or trail in California and you will invariably find at least some single-use product or packaging as discarded waste.

  • 05.22.19

    CFPB News: Donoghue Resigns, Enforcement Efforts, Constitutionality Affirmed

    In Consumer Financial Protection Bureau (CFPB or Bureau) news, there’s a major shakeup at the Bureau after Kristen Donoghue, a former Richard Cordray appointee who joined the CFPB back in 2011, resigned as the Bureau’s enforcement chief.

  • 05.22.19

    New DFS Office To Tackle Consumer Protection

    There’s yet another state CFPB, and this one could be significant. Joining Pennsylvania’s earlier effort, the New York Department of Financial Services (DFS) has just created a new office, the Consumer Protection and Financial Enforcement Division.

  • 05.08.19

    Co-marketing Program May Violate RESPA, Court Rules

    Ruling on an amended complaint, a Washington federal court refused to dismiss a securities class action alleging that Zillow’s co-marketing program violated the Real Estate Settlement Procedures Act (RESPA).

  • 04.24.19

    CFPB: New CID Policy, Kraninger FFIEC Slot, Other Musings

    In Consumer Financial Protection Bureau (CFPB or Bureau) news, the Bureau announced a major change regarding civil investigative demands (CIDs) and Director Kathy Kraninger became the first CFPB director to serve as chairperson of the interagency Federal Financial Institutions Examination Council ...

  • 04.24.19

    State AGs Keep Busy With Enforcement Actions

    Continuing to fill in gaps at the federal level, state attorneys general are keeping busy with enforcement actions, and on issues that might have received more CFPB attention under the old Cordray regime.

  • 04.24.19

    Arbitration: Supreme Court Deals a Near Death Blow to Class Action Arbitration

    The Supreme Court, in a sharply-divided 5-4 ruling issued on April 24, ruled that nothing in the Federal Arbitration Act allows courts to compel class action arbitration even if the contract is ambiguous in that regard, and notwithstanding rules that direct courts to interpret such ambiguities most ...