• 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 ...

  • 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 ...

  • 04.10.19

    California’s DBO: New Leader, New Enforcement, New Bureau?

    The California Department of Business Oversight (DBO) will likely have a new commissioner in the coming months, with Affirm General Counsel and Chief Compliance Officer Manuel “Manny” Alvarez tapped to take the helm.

  • 04.10.19

    New Bill, Supreme Court Case Challenges Administrative Deference

    In the latest attack on administrative deference, Sen. Ben Sasse (R-Neb.) opted for a frontal challenge to Chevron deference by introducing the Separation of Powers Restoration Act.

  • 04.10.19

    CFPB News: Advisory Committee Changes, Constitutionality Hearing

    What’s new at the Consumer Financial Protection Bureau (CFPB or Bureau)?

  • 03.27.19

    Consumer Finance: Kraninger Testifies, CFPB Reports, DOJ Enforces SCRA

    Making headlines in consumer finance news, Consumer Financial Protection Bureau (CFPB or Bureau) Director Kathy Kraninger paid Congress another visit, while the CFPB published its latest Supervisory Highlights, a first-time homebuying servicemembers report and an advanced notice of proposed ...

  • 03.20.19

    Supremes Resolve Circuit Split Under FDCPA Impacting Law Firms

    In a key decision resolving a split among appeals courts, the Supreme Court unanimously ruled today, in Obduskey v. McCarthy & Holthus LLP, that law firms that carry out nonjudicial foreclosures are not considered debt collectors under the Fair Debt Collection Practices Act.