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Privacy, Data and Cybersecurity Quick Clicks | Issue 28

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe....more

CFPB Suggests Shift In Supervision and Enforcement Priorities

On April 16, the Consumer Financial Protection Bureau (CFPB) seemingly provided its employees with a memorandum outlining its ongoing supervisory and enforcement priorities (Memo). Although the Memo has not been made publicly...more

The CFPB Shuts Down Controversial "Regulation Through Guidance" Practices

The acting head of the Consumer Financial Protection Bureau (CFPB) continues to winnow out regulatory tools used by agency staff under the prior administration. Just a month after revoking certain interpretative rules and...more

The More You Know Can Hurt You: Court Rules Financial Institutions Need 'Actual Knowledge' of Mismatches for ACH Scam Liability

On March 26, the US Court of Appeals for the Fourth Circuit issued a decision that has important ramifications for banks and credit unions that process millions of Automated Clearing House (ACH) and Electronic Funds Transfer...more

RIP Overdraft Rule?

Last month, bills were introduced in the House and Senate to overturn the much-maligned CFPB overdraft rule. You can find our previous write-up on the rule here. The rule would redefine “finance charge” under Regulation Z to...more

CFPB Drops Challenge That Lease-to-Own Agreements Be Regulated As "Credit"

On Thursday, the Consumer Financial Protection Bureau (CFPB) dropped its high-profile enforcement action against Acima in Utah federal district court. This is yet another CFPB matter that has hit the dust following the...more

Privacy, Data and Cybersecurity Quick Clicks | Issue 26

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe....more

Federal Court Finds Consumer Wire Transfers Are Subject to the Electronic Funds Transfer Act

In an apparent departure from decades of jurisprudence acknowledging the exemption of wire transfers from the ambit of the Electronic Funds Transfer Act (EFTA or the Act), one federal district court recently found that a bank...more

CFPB Shaken Up While Courts Address Consumer Fraud Obligations Under EFTA and Convenience Fees

The new administration continues to shake up the financial services regulatory environment. The CFPB’s new acting director indicated over the weekend that the agency will not take its next draw of funding from the Federal...more

CFPB Proposes a New Rule Prohibiting Certain Contractual Terms for Consumer Financial Products

On January 13, the Consumer Finance Protection Bureau (CFPB) published a new proposed rule attempting to ban certain contractual provisions in "take it or leave it" consumer contracts that purport to "waive substantive...more

Texas (Business) Courts to Open for Business: Law Creating Specialized Business Courts in Texas Becomes Official

Last Friday, June 9, Texas Governor Greg Abbott signed Texas House Bill 19, which codifies a business court system in Texas. Similar to the commercial court systems that exist in Delaware and New York, Texas's business court...more

The CFPB Lives On and Arbitrable Lawsuits Must Be Stayed (Not Dismissed)

The Supreme Court was busy last week issuing opinions of interest to consumer finance companies, CFPB-regulated entities, and anyone who finds themselves enforcing arbitration rights in court....more

Texas Federal Judge Halts Credit Card Late Fee Rule (and Pushes Back on the Fifth Circuit Along the Way)

On Friday, Judge Mark Pittman of the U.S. District Court for the Northern District of Texas (Fort Worth Division) gave a significant, if not temporary, victory to the credit card industry. In a 12-page Order and Opinion,...more

Supreme Court Finds CFPB Funding Constitutional

In a 7-2 decision that was widely expected after oral argument, the US Supreme Court issued its decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd. on May 16, holding...more

Fifth Circuit Says Not so Fast, Reverses the Transfer of CFPB/Credit Card Fee Litigation and Endorses Regulatory Challenge in...

Background: Agency Rulemaking Challenges in the Fifth Circuit - In recent years, Texas federal courts and the US Fifth Circuit Court of Appeals have been central battlegrounds for many challenges to alleged government...more

CFPB Proposes a New Rule on NSF Fees When Consumers Are Denied Fund Withdrawals

On January 24, the Consumer Financial Protection Bureau (CFPB) issued a new proposed rule in its ongoing campaign against so-called “junk fees.” The proposed rule specifically targets nonsufficient funds (NSF) fees charged...more

The Latest Chapter in the Government's War on Purported "Junk" Fees: The CFPB Moves to Define Overdraft Services as Credit and to...

On January 17, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its Notice of Proposed Rulemaking regarding proposed changes to overdraft fee rules for certain banks and credit unions. In the widely...more

Privacy, Data and Cybersecurity Quick Clicks | Issue 11

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe....more

New FTC Rule Requires Certain Financial Institutions to Report Loss of Unencrypted Customer Data

On October 27, the Federal Trade Commission (FTC or Commission) published a final rule expanding data breach notification requirements for certain financial institutions (Final Rule). Federal Register, will require entities...more

Junk or a Value-Added Service? Federal Regulators and the Biden Administration Go After "Junk" Fees

On Wednesday, October 11, the White House — joined by the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB or Bureau) — announced new measures aimed at a variety of so-called “junk fees” charged...more

Privacy, Data and Cybersecurity Quick Clicks | Issue 9

Katten's Privacy, Data and Cybersecurity Quick Clicks is a monthly newsletter highlighting the latest news and legal developments involving privacy, data and cybersecurity issues across the globe....more

CFPB Director Announces Intention to Propose Rules Targeting the Reliance on Non-Traditional Data Sources in Consumer Finance

Long gone are the days when a bank or finance company relies simply on a traditional credit score or report to decide whether to make a loan. For some time now, banks and consumer finance companies have sourced data from a...more

Financial Markets and Funds Quick Take | Issue 17

Katten's Financial Markets and Funds Quick Take is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds....more

Is the CFPB Seeking to Expand the Definition of Credit and Its Regulatory Reach? The Bureau Sues Snap Finance and Asserts That...

On July 19, the Consumer Financial Protection Bureau (CFPB) filed a complaint against Snap Finance LLC and its affiliates (Snap RTO LLC, Snap Second Look LLC, Snap U.S. Holdings LLC, Snap Finance Holdings LLC) (referred to...more

CFPB's Focus on Standard-Form Consumer Agreements Warrants 'Fresh Eyes' on Consumer Template Disclosures

On April 3, the Consumer Financial Protection Bureau (CFPB) published its Policy Statement on Abusive Acts or Practices(Policy Statement or Statement). Notably, in connection with the Policy Statement's issuance, the CFPB...more

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