News & Analysis as of

Banking Sector State Attorneys General

Holland & Knight LLP

A Look at Increased Oversight of Financial Institutions in Florida

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For several years, leaders in the Florida executive and legislative branches have sought regulatory and legislative changes to increase banking oversight at the state level. During the 2023 legislative session, House Bill 3...more

Orrick, Herrington & Sutcliffe LLP

Attorneys General criticize Treasury letter regarding de-banking

Recently, 20 state attorneys general (AGs) sent a letter addressed to U.S. Treasury Secretary Janet Yellen objecting to the Treasury’s recent letter which criticized state laws protecting individuals from de-banking. The AGs’...more

Hudson Cook, LLP

"OVER THE LINE!"  Where Banking and Gaming Intersect, the CFPB Has Something to Say.

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The line between virtual and reality is getting thinner. Gamers pay gaming companies real currency for virtual in-game currency to buy skins, create the world they want to live in (virtually), or purchase loot that aid in...more

BakerHostetler

California’s Junk Fee Law and Restaurants

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California’s new junk fee law is set to come into effect July 1. As a refresher, the law prohibits “advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges.”...more

Nutter McClennen & Fish LLP

Nutter Bank Report: April 2024

The CFPB has issued a policy statement that provides an analytical framework for identifying what constitutes an abusive act or practice under the Consumer Financial Protection Act of 2010 (CFPA). The new guidance published...more

Sheppard Mullin Richter & Hampton LLP

California AG Warns State-Chartered Banks and Credit Unions on Fees

On February 22, California Attorney General Rob Bonta sent letters to 197 state-charted banks and credit unions warning them that certain fees they charge may constitute “unfair” business practices under California’s Unfair...more

Cozen O'Connor

State AG Pulse | When Testing Systems, Don’t Use Real Data!

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When more than $2 billion was withdrawn from consumer bank accounts without authorization, the AGs took notice. The root cause? A payment processor’s use of real customer data instead of dummy data to test one of its payment...more

Troutman Pepper

Banking Group Sues Kentucky AG Daniel Cameron Over ESG Investigation

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Earlier this month, the Kentucky Bankers Association and its subsidiary Hope of Kentucky, LLC (Hope) sued Kentucky Attorney General (AG) Daniel Cameron in Kentucky state court to enjoin and declare unlawful Cameron’s recent...more

Cozen O'Connor

CFPB Orders Regions Bank to Pay for Surprise Overdraft Fees

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The CFPB has reached a settlement with Regions Bank to resolve allegations that Regions charged its customers overdraft fees on certain ATM withdrawals and debit card purchases even after telling consumers they had sufficient...more

Troutman Pepper

State Attorneys General Call on Financial Giants to Eliminate Overdraft Fees - Regulatory Oversight Podcast

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Please join Troutman Pepper Partner Chris Willis and guests Troutman Pepper Associates Chris Carlson and Susan Nikdel as they discuss the multistate coalition of state attorneys general calling on many of the nation's largest...more

Troutman Pepper

State Attorneys General Call on Financial Giants to Eliminate Overdraft Fees - The Consumer Finance Podcast

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Please join Troutman Pepper Partner Chris Willis and guests Troutman Pepper Associates Chris Carlson and Susan Nikdel as they discuss the multistate coalition of state attorneys general calling on many of the nation’s largest...more

Cozen O'Connor

AG Coalition Calls for an End to Mortgage Convenience Fees

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Illinois AG Kwame Raoul led a coalition of 23 state AGs in calling upon the CFPB to prohibit mortgage servicers from imposing convenience fees on consumers, in response to the CFPB’s recent Request for Information Regarding...more

Morgan Lewis - All Things FinReg

“Madden Fix” Rules Withstand a Key Test: What Happens Next

More than six years after it was decided, the practical consequences of the US Court of Appeals for the Second Circuit’s Madden v. Midland Funding, LLC decision continue to diminish. The decision—which held that, under some...more

Allen Matkins

What's The DFPI Doing In Federal Court?

Allen Matkins on

Enforcement actions by the California Department of Financial Protection typically involve either administrative proceedings or civil actions in the California state courts.  Recently, however, the DFPI announced that it and...more

Wiley Rein LLP

Wiley Consumer Protection Download (December 13, 2021)

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Thank you for your interest in the Wiley Consumer Protection Download! This will be our last publication of 2021, with our bi-weekly newsletter returning in January 2022. Welcome to Wiley’s update on recent developments...more

Troutman Pepper

Consumer Groups and State AGs Push Regulators to Tighten Guidance on Bank Partnerships

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On October 18, consumer advocate groups and 19 state attorneys general wrote comment letters, urging banking regulators to denounce “rent-a-bank” arrangements between financial institutions and fintechs or other third-party...more

Ballard Spahr LLP

FDIC files reply in support of its summary judgment motion in lawsuit challenging its “Madden-fix” rule

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The FDIC has filed its reply in support of its motion for summary judgment in the lawsuit filed by a group of state attorneys general to set aside the FDIC’s “Madden-fix” rule. The reply responds to the AGs’ opposition to...more

Cozen O'Connor

Bipartisan Group Of Attorneys General Seeks Repeal Of Trump-Era True Lender Rule

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A bipartisan group of 25 AGs, led by Illinois AG Kwame Raoul, sent a letter to Congress urging it to use the Congressional Review Act (“CRA”) to rescind a Trump-era True Lender Rule, which provides guidance on determining...more

Hudson Cook, LLP

GAP Refunds: What's Old is New Again

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Over the last decade, as more and more states have enacted laws governing guaranteed automobile protection products, compliance with state GAP laws has been a regular topic of discussion between consumer financial services...more

Morrison & Foerster LLP

DOJ Enforcement Actions Involving COVID-19 Relief Fraud: An Update

Soon after Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) in March 2020, the Criminal Division of the U.S. Department of Justice (DOJ) moved quickly to address potential COVID-19 related...more

Morrison & Foerster LLP

Financial Services Report - Spring 2021

Can you say 0 to 60? Not cars, but pretty much everything to do with financial services. A new year, a new administration, and new challenges for providers. Prior CFPB Director Kraninger is long gone. Acting Director Uejio...more

Ballard Spahr LLP

State AGs file opposition to OCC’s summary judgment motion

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The Attorneys General of California, Illinois, and New York have filed their opposition to the OCC’s cross-motion for summary judgment in their lawsuit to enjoin the OCC’s final rule (Rule) purporting to override the Second...more

Goodwin

SEC Issues No-Action Relief On Registered Funds’ Custody Of Loan Interests

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In this Issue. The U.S. Securities and Exchange Commission (SEC) was very active this week, having (i) issued no-action relief allowing registered funds to engage in self-custody of interests in loans that are originated,...more

Ballard Spahr LLP

Eight state attorneys general file lawsuit seeking to overturn OCC’s true lender rule

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On January 5, 2021, the Attorneys General of New York, California, Colorado, the District of Columbia, Massachusetts, Minnesota, New Jersey, and North Carolina filed a voluminous Complaint in federal district court for the...more

Locke Lord LLP

States Sue OCC, Challenging its “True Lender” Rule

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On January 5, 2021, the Attorneys General of New York, California, Colorado, the District of Columbia, Massachusetts, Minnesota, New Jersey and North Carolina (collectively, the “States”) sued the Office of the Comptroller of...more

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