News & Analysis as of

Financial Services Industry Consumer Credit Protection

A&O Shearman

UK Financial Conduct Authority Consults on New Regulatory Reporting Return for Consumer Credit Firms

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The U.K. Financial Conduct Authority has published a consultation paper on a new regulatory reporting return for consumer credit firms engaging in any one, or more, of the regulated activities of credit broking, providing...more

Troutman Pepper

Kansas Governor Enacts Significant Changes to Kansas Mortgage Business Act and Uniform Consumer Credit Code

Troutman Pepper on

Kansas Governor Laura Kelly signed House Bill (HB) 2247 into law, bringing significant changes to the Kansas Mortgage Business Act and the Uniform Consumer Credit Code (UCCC). The changes brought about by HB 2247 will largely...more

McGlinchey Stafford

Missouri and Washington Introduce True Lender Bills

McGlinchey Stafford on

Missouri and Washington introduced new true lender bills intended to regulate companies, largely FinTechs, that operate under bank partnership models with federally insured depository institutions. Under these models, the...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #376 – Credit Reporting Agencies Extend Program to Check Credit Report Weekly for Free

Credit reporting agencies TransUnion, Experian, and Equifax have extended their programs to provide consumers with the ability to access their credit reports for free on a weekly, rather than yearly, basis....more

Jones Day

CFPB Guidance Puts Creditors on Notice About AI-Involved Adverse Actions

Jones Day on

Recent Consumer Financial Protection Bureau ("CFPB") guidance reiterates that creditors must provide consumers with accurate and individualized explanations for adverse actions—a task made more difficult by the complexity of...more

Latham & Watkins LLP

Consumer Duty Update: FCA Issues Dear CEO/Director Letters Setting Priorities for Sectors

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The letters ask senior management to prioritise implementing the Duty. On 3 February 2023, the FCA published Dear CEO/Director letters underscoring the immediate (i.e., during the implementation period up until 31 July...more

Hogan Lovells

UK Consumer Credit Act 1974: HM Treasury takes first step towards ‘ambitious long-term reform’

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Following a government announcement in June this year of a commitment to 'ambitious long-term reform' to create a consumer credit regulatory regime that fosters innovation but also maintains high levels of consumer...more

Cozen O'Connor

Multistate AG Coalition Urges Scrutiny of Buy-Now-Pay-Later Industry

Cozen O'Connor on

In a March 25 letter to Rohit Chopra, Director of the Consumer Financial Protection Bureau, AGs from 21 states, plus the Hawaii Office of Consumer Protection, responded to the CFPB’s Notice and Request for Comment Regarding...more

Hogan Lovells

Consumer finance regulatory news, April 2021 # 2

Hogan Lovells on

Consumer credit forms: FCA statement on post-Brexit changes - The UK Financial Conduct Authority (FCA) has published a statement and accompanying webpage relating to changes certain consumer credit firms will have to make to...more

Bradley Arant Boult Cummings LLP

New Amendments to the WVCCPA to Provide Additional Certainty for Businesses

In a development that provides some measure of relief to businesses operating in West Virginia, particularly within the financial services industry, Gov. Jim Justice signed into law on March 29, 2021, amendments to the West...more

Hogan Lovells

Consumer finance regulatory news, December 2020

Hogan Lovells on

Mainstream consumer credit lenders: FCA Dear Board of Directors letter on supervisory strategy - The UK Financial Conduct Authority (FCA) has published a Dear Board of Directors letter sent to firms in the FCA's...more

Hogan Lovells

Consumer finance regulatory news, November 2020

Hogan Lovells on

COVID-19: FCA draft further guidance to support mortgage borrowers - On 2 November 2020, the UK Financial Conduct Authority (FCA) published draft further updated guidance and draft updated additional guidance for mortgage...more

Hudson Cook, LLP

CFPB Releases Report on COVID's Impact on Consumer Credit, with Some Surprising Results

Hudson Cook, LLP on

Crazy times, right? Chances are you've heard this refrain numerous times over the last seven months, most notably on Zoom calls during the crushing silence of someone on the call forgetting to unmute his or her microphone....more

Hogan Lovells

Consumer finance regulatory news, June 2020 #3

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Recent regulatory developments of interest to financial institutions with focus on consumer finance. This week reports on the European Commission's review of the Consumer Credit Directive....more

McGlinchey Stafford

Regulatory sandboxes, policy changes spur innovation

McGlinchey Stafford on

Regulatory uncertainty remains one of the most significant challenges to finance companies that want to develop creative and innovative products and services. Federal and state agencies have implemented policies to facilitate...more

Hogan Lovells

FCA's new Business Plan prioritises areas of most potential harm amid COVID-19 challenges

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In its 2020/21 Business Plan, the FCA states its aim to move towards a regulatory approach that's increasingly focused on end outcomes for consumers, markets and firms. The Business Plan reflects this approach, honing in on...more

King & Spalding

Ninth Circuit Affirms Judgment Against TransUnion After Rare Class Action Trial and Offers Illuminating Discussion of Class Member...

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On February 27, the Ninth Circuit affirmed a jury verdict against TransUnion in a class action involving alerts that TransUnion included in certain consumers’ credit files that falsely indicated they might be on a national...more

Dechert LLP

Federal Regulators to the Rescue? The OCC and FDIC Propose Rules to Address Madden Risk.

Dechert LLP on

With the hope of finally addressing the uncertainty created by the U.S. Second Circuit Court of Appeal’s holding in Madden v. Midland Funding,1 the Office of the Comptroller of the Currency (OCC) and the Federal Deposit...more

Ballard Spahr LLP

Federal banking agencies and CFPB issue interagency statement on use of alternative data in credit underwriting

Ballard Spahr LLP on

The OCC, Federal Reserve Board, FDIC, NCUA and CFPB have issued an “Interagency Statement on the Use of Alternative Data in Credit Underwriting.”...more

Hogan Lovells

Hard Brexit: implications for banking, payments and consumer finance products

Hogan Lovells on

To ensure the financial system continues to work effectively if there is a "hard Brexit" HM Treasury has been finalising a series of statutory instruments which will ensure there is a workable legal framework for retail...more

Robinson+Cole Data Privacy + Security Insider

Federal Legislation Enables Consumers to Obtain Security Freezes on Credit Reports Free of Charge

Federal legislation recently took effect that prohibits consumer reporting agencies from charging a fee to place or remove (lift) a security freeze on a consumer credit report in response to a consumer request. ...more

Ballard Spahr LLP

House to hold June 6 hearing on CFPB

Ballard Spahr LLP on

On June 6, 2018, the House Financial Services Committee’s Subcommittee on Financial Institutions and Consumer Credit will hold a hearing entitled “Improving Transparency and Accountability at the Bureau of Consumer Financial...more

Carlton Fields

Jump in Credit Scores Means Dip in Underwriting Predictability

Carlton Fields on

Underwriters that rely on popular credit-scoring models like FICO and VantageScore to assess risk may have noticed that some consumer credit scores jumped recently. The nationwide credit reporting agencies, Equifax Inc.,...more

Ballard Spahr LLP

State AGs ask Experian to waive credit freeze fees

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An Assistant Illinois Attorney General, in a letter sent to Experian’s CEO on behalf of the Illinois AG and the AGs of 35 other states and the District of Columbia, has asked Experian not to charge any credit freeze-related...more

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