News & Analysis as of

Consumer Lenders Consumer Financial Contracts

Ballard Spahr LLP

CFPB issues UDAAP guidance on contracts for consumer financial products and services

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On June 4, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued a Consumer Financial Protection Circular 2024-03 (“Circular”) warning that the use of unlawful or unenforceable terms and conditions in contracts for...more

Hudson Cook, LLP

CFPB Bites of the Month - 2023 Annual Review - Biggest Fines and Penalties

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In this article, we share a list of the top 10 biggest fines and penalties from our monthly bites for 2023....more

Troutman Pepper

CFPB Reports That College-Sponsored Financial Products Have Higher Fees and Less Favorable Terms

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The Consumer Financial Protection Bureau (CFPB or Bureau) released its 14th annual report to Congress in fulfillment of its requirements under the Credit Card Accountability Responsibility and Disclosure (CARD) Act. For the...more

Lowndes

Know Your Rights: 5 Facts About Usury Laws in Florida

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Usury is the unlawful lending of money at unreasonably high rates of interest. So, what is unreasonable? And what happens if your loan goes beyond that amount?...more

Hogan Lovells

EU consumer credit legislation in the digital era: Political agreement on CCD II reached

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The Council of the EU and the European Parliament have reached provisional political agreement on the proposed Directive on consumer credits to revise and replace the Consumer Credit Directive (2008/48/EC) (CCD II). The...more

Hogan Lovells

[Webinar] Buy-Now Pay-Later: HM Treasury consultation response - July 7th, 11:00 am - 12:00 pm BST

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Hogan Lovells Financial Services Regulatory team shares insights on HM Treasury's recently published response to its October 2021 consultation on the scope and form of a new regulatory regime for Buy-Now Pay-Later (BNPL)...more

Hogan Lovells

Buy-Now Pay-Later: HM Treasury sets out the government's approach to regulating the market

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Hot on the heels of the government's commitment to reform the Consumer Credit Act 1974, HM Treasury has published the response to its October 2021 consultation on the scope and form of a new regulatory regime for Buy-Now...more

Hogan Lovells

Buy Now, Regulate Later: is a new regime on the horizon?

Hogan Lovells on

Following the Woolard review earlier this year, HMT has published its much anticipated consultation paper on regulating the Buy Now Pay Later (BNPL) market. The industry is likely to have mixed reactions to the proposals....more

Clark Hill PLC

Dancing to Their Own Tune: Empowering Consumers Through Self-Service

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On this episode of the Credit Eco to Go podcast hosted by Joann Needleman: Ralph Liberio, President and CEO of NCB Management Services, Inc. stops by Clark Hill’s Credit Eco to Go to discuss the CFPB’s new debt collection...more

McDermott Will & Emery

Automotive Finance Update – The Digital Point of Sale

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Legal aspects to consider when digitalizing the execution of automotive finance contracts at the dealership - In recent years, in order to increase sales, car manufacturers have integrated the provision of finance products...more

Holland & Knight LLP

Stakeholders Debate Public Policy Issues Surrounding Consumer Debt in America

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A number of diverse stakeholders gathered at George Mason University (GMU) on Nov. 18, 2019, to participate in a program entitled "Consumer Debt in America: What Would Rate Caps and Student Loan Forgiveness Mean?" The debate,...more

Proskauer Rose LLP

Regulation Round Up - August 2018

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1 August - The Financial Conduct Authority ("FCA") published a statement on selling high-risk speculative investment products to retail clients, following the publication of the European Securities and Markets Authority's...more

Latham & Watkins LLP

Consumer Credit Update

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This update takes a look at the FCA’s Interim Report and its initial views relating to the review of the provisions of the Consumer Credit Act 1974 (CCA), which show early signs of a more pragmatic approach to regulation than...more

Bennett Jones LLP

Fair Trading Act Becomes the Consumer Protection Act and Other Key Amendments

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Bill 31: A Better Deal for Consumers and Businesses Act passed First Reading on November 29, 2017, in the Alberta Legislature and received Royal Assent very quickly thereafter on December 15, 2017. Bill 31 amends the Fair...more

Winstead PC

Federal Courts Hold That Lenders Do Not Generally Owe Fiduciary Duties To Borrowers

Winstead PC on

In Hagood v. Countrywide Home Loans, Inc., a borrower sued a lender for several claims, including breach of fiduciary duties. No. A-17-CA-00784-SS, 2017 U.S. Dist. LEXIS 165943 (W. D. Tex. October 6, 2017). The defendant...more

Goodwin

U.S. Chamber of Commerce Challenges CFPB Rule Immunizing Class Actions from Arbitration Clauses

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On September 29, 2017, the United States Chamber of Commerce and various business and financial services groups (collectively, Plaintiffs) filed a complaint for declaratory and injunctive relief in the United States District...more

Goodwin

Republicans File Congressional Review Act Challenge to CFPB’s Arbitration Rule

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As LenderLaw Watch previously reported, on July 10, 2017 the Consumer Financial Protection Bureau (CFPB) released its Arbitration Rule, which blocks the use of mandatory arbitration clauses in consumer financial products and...more

Parker Poe Adams & Bernstein LLP

CFPB’s New Arbitration Rule and How It’ll Likely Be Challenged

On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) announced a new rule that may have significant ramifications for the financial industry. The rule aims to stop a now common feature in financial services...more

BCLP

New CFPB Rule Prohibits Class Action Waivers

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On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) released a rule prohibiting class action waivers in certain pre-dispute arbitration agreements. The rule drastically impacts arbitration clauses currently used...more

Katten Muchin Rosenman LLP

CFPB Arbitration Rule Summary: Class Action Waivers Prohibited in Broad Range of Consumer Credit Transactions

On July 10, the Consumer Financial Protection Bureau (CFPB) issued its Final Arbitration Rule. While the CFPB's Final Rule publication weighs in at 775 pages, the rule itself occupies only 11 pages, and the Official...more

Goodwin

CFPB Enforcement Continues to Rise in Q1 2017 as Other Federal and State Enforcement Trend Downwards

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In the first quarter of 2017, Consumer Enforcement Watch tracked 46 enforcement actions taken against consumer financial service providers. This represents a slight decrease from the 50 enforcement actions taken against...more

Goodwin

Eleventh Circuit Invalidates Another Western Sky Arbitration Clause

Goodwin on

On August 29, 2016, the Eleventh Circuit upheld a Northern District of Georgia decision invalidating an arbitration clause in Jessica Parm v. National Bank of California, N.A. (Docket No. 15-12509). Defendant National Bank...more

Manatt, Phelps & Phillips, LLP

No More Mandatory Arbitration for Consumer Financial Products?

CFPB Proposal Would Effectively Eliminate Most Pre-Dispute Consumer Arbitrations - To no one's surprise, the Consumer Financial Protection Bureau (CFPB) proposed rules on May 5, 2016 that will effectively, if promulgated...more

Goodwin

Class-Action Waivers on the CFPB Chopping Block

Goodwin on

Earlier this month, the CFPB announced that it may propose rules designed to curtail or eliminate class-action waivers from arbitration clauses. Arbitration clauses appear in most financial-services contracts to provide both...more

Ballard Spahr LLP

NY Amends Debt Collection Regulations, Issues More Guidance

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The New York Department of Financial Services (DFS) has amended several provisions of its Third-Party Debt Collector and Debt Buyer Regulations and issued additional guidance in the form of new frequently asked questions...more

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