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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...
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...
"Qualified Written Request" Under RESPA – No "Magic" Words, But the Right Questions Must be Asked 04 February 2013 The CFSL Bulletin For the first time, the federal Court of Appeals for the Ninth Circuit recently opined on what constitutes a “qualified written request” under the Real Estate Settlement...
Ringing in the New Year in 2013: California's Homeowner's Bill of Rights Law Takes Effect 04 January 2013 The CFSL Bulletin Dubbed as the “Homeowner’s Bill of Rights,” on July 11, 2012, California Governor Jerry Brown signed into law AB 278/SB 900 marking the first U.S. state to adopt...
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...
An Uplifting Look into Non-Bank Supervision 03 August 2012 The CFSL Bulletin Legislation was introduced in Congress August 2, 2012 that would prevent the Federal Reserve from designating nonbanks as systemically significant. This bill is...
As the CFPB Turns … And Other Consumer Financial Services News 25 April 2013 The CFSL Bulletin In this week’s episode of As the CFPB Turns questions remain regarding Director(?) Richard Cordray’s constitutional authority to act as the Director of the CFPB. ...
Bureau and Prudential Banking Regulators to Coordinate Certain Supervisory Activities 04 June 2012 The CFSL Bulletin The Consumer Financial Protection Bureau (the Bureau) recently entered into a Memorandum of Understanding on Supervisory Coordination (the MOU) with the Board of...
Bureau Issues Bulletin on Discretionary Notices of Violation 08 November 2011 The CFSL Bulletin Today the Consumer Financial Protection Bureau issued the first in a series of periodic bulletins it plans to issue on the policies and priorities of its Office...
Capital One Required to Pay $140 Million in Consumer Refunds 19 July 2012 The CFSL Bulletin Today, the Consumer Financial Protection Bureau (“CFPB”) engaged in its first major enforcement action by requiring Capital One to refund 2 million consumers approximately...