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Bank Sued Over "Unfair" and "Deceptive" Overdraft Fees 24 December 2012 The CFSL Bulletin A large bank was sued in federal court in New York last week by a putative nationwide class alleging that the bank engaged in “unfair, deceptive, and unconscionable...
Developments in Law, Factual Discovery Lead Federal Judge to Decertify Class Action 20 December 2012 The CFSL Bulletin In Campbell v. First American, a federal judge in Maine has issued a ruling decertifying a class action involving claims that First American Title Insurance Co....
Is Your Company Using the Right Form for Background Checks? 18 December 2012 The CFSL Bulletin The Consumer Financial Protection Bureau (the “Bureau”) has taken over rulemaking and enforcement responsibilities for the Fair Credit Reporting Act (“FCRA”) and...
National Mortgage Database Formed 14 December 2012 The CFSL Bulletin The Consumer Financial Protection Bureau (“CFPB”) and the Federal Housing Finance Agency (FHFA”) have agreed to jointly produce a National Mortgage Database containing...
An Assessment of Security Procedures – Eleventh Circuit Reversal of Safe Harbor Application Finding 13 December 2012 The CFSL Bulletin For banks operating in Florida (or other jurisdictions with similar provisions regarding security procedures for payment orders), the Eleventh Circuit has recently...
OCC Issues Largest Penalty It Has Ever Assessed 11 December 2012 The CFSL Bulletin Today, the Office of the Comptroller of the Currency (OCC) announced a $500 million penalty against a national bank, HSBC Bank USA, N.A. The OCC’s penalty was...
Chicago Joins CFPB in Information-Sharing Partnership; City Takes Additional Measures 06 December 2012 The CFSL Bulletin In a first-of-its-kind partnership with a municipality, CFPB Director Richard Cordray and Chicago Mayor Rahm Emanuel jointly announced a framework for...
The Latest UDAAP Battleground: Mortgage Advertising 04 December 2012 Privacy & Consumer Protection Law360 Partner Martin Bishop and Associate Rebecca Hanson authored an article that appeared in Privacy & Consumer Protection Law360 on December 4, 2012 titled "The...
What Constitutes "Express Consent" Under the Telephone Consumer Protection Act 03 December 2012 The CFSL Bulletin The Seventh Circuit Court of Appeals may soon clarify what constitutes express consent under the Telephone Consumer Protection Act (TCPA). U.S. District Court Judge...
The Consumer Financial Protection Bureau Targets Mortgage Advertising in Its Continuing Enforcement Efforts 27 November 2012 The CFSL Bulletin Just on the heels of announcing settlements of enforcement actions against several credit card companies, the Consumer Financial Protection Bureau (the “Bureau”)...