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Financial Services Industry Data-Sharing

Barnea Jaffa Lande & Co.

Understanding DORA: An Overview of the Digital Operational Resilience Act

The Digital Operational Resilience Act (DORA) is an EU regulatory framework, aimed at enhancing the financial sector’s ability to withstand and recover from ICT (information and communication technology) disruptions....more

Ballard Spahr LLP

CFPB issues new rule for recognizing open banking standards

Ballard Spahr LLP on

The CFPB has launched the process for independent standard-setting bodies to receive formal recognition, as part of its efforts to shift towards open banking in the United States....more

Orrick, Herrington & Sutcliffe LLP

RegFi Episode 22: Data Sharing and the 1033 Rule: An Industry Perspective with Ramon Gomez

Ramon Gomez — Managing Director, Regulatory Affairs at JPMorgan Chase — joins RegFi cohosts Jerry Buckley and Sasha Leonhardt for a conversation about Section 1033 of the Dodd-Frank Act and its implications for consumer data...more

Eversheds Sutherland (US) LLP

CFPB previews consumer data portability rule meant to accelerate US open banking adoption

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) issued an advance notice of proposed rulemaking (ANPR) with respect to a new consumer financial data portability rule mandated by Section 1033 of the...more

Goodwin

“Open Banking” Promoted in New CFPB Rule

Goodwin on

​​​​​​​In October 2023, the Consumer Financial Protection Bureau (CFPB) proposed a new rule intended to encourage “open banking”. “Open banking” is a practice of sharing, with consent, consumers’ banking and financial data...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter - November 2023

Troutman Pepper on

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

BCLP

Open Banking: When You Build It, Will They Come? CFPB Proposes Rules Requiring Banks to Share Consumer Data

BCLP on

The federal consumer protection agency’s proposed rule would give consumers greater control over access to their personal financial information held by banks and credit unions. The CFPB’s stated goal is to increase...more

Cadwalader, Wickersham & Taft LLP

The CFPB's Personal Data Financial Rights Proposed Rule, Part 1

On Thursday, October 19, 2023, the Consumer Financial Protection Bureau (“CFPB”) released a proposed rule addressing “personal data financial rights”, as we reported last week that they would be doing later in October. The...more

Nutter McClennen & Fish LLP

Nutter Bank Report: October 2023

The federal banking agencies have jointly issued a final rule that will modify how examiners assess compliance with the Community Reinvestment Act (CRA). Among other changes to the CRA regulations announced on October 24, the...more

Brownstein Hyatt Farber Schreck

CFPB Proposes Long-Awaited Data Sharing Rule

On Oct. 19, 2023, the Consumer Financial Protection Bureau (CFPB) released a Notice of Proposed Rulemaking (NPRM) on Personal Financial Data Rights, which would change the way financial institutions hold and distribute...more

Hogan Lovells

New Resolution by the Brazilian Central Bank addresses the sharing of data regarding indications of fraud

Hogan Lovells on

On May 23, 2023, the Brazilian Central Bank (Banco Central do Brasil – “BACEN”), together with the National Monetary Council (Conselho Monetário Nacional – “CMN”), enacted Resolution No. 6 (the “Resolution”), which outlines...more

McGlinchey Stafford

[Webinar] Deep Dive into Privacy: Think You Are Not Privacy Counsel? Think Again. A Webinar on What You Need to Know. - February...

McGlinchey Stafford on

The next installment in McGlinchey’s Deep Dive Series covering all things privacy is a webinar featuring attorneys from McGlinchey’s Financial Institutions Compliance, Financial Services Litigation, and Insurance Regulatory...more

Cozen O'Connor

CFPB Announces Rulemaking for Personal Financial Data Rights

Cozen O'Connor on

The CFPB released an outline of proposals and alternatives the Bureau is considering for a rulemaking that, according to a statement from CFPB Director Rohit Chopra, are aimed to boost competition in the financial services...more

A&O Shearman

European Commission Consults on Revised EU Payment Services Directive and Open Finance

A&O Shearman on

The European Commission has published three consultations on the revised EU Payment Services Directive and on open finance. The results of the consultations will help inform the Commission's review of PSD2 and proposed...more

Holland & Knight LLP

Update on Hunstein Decision: Eleventh Circuit Vacates Original Panel Decision

Holland & Knight LLP on

The U.S. Court of Appeals for the Eleventh Circuit issued its initial opinion on Hunstein v. Preferred Collection and Management Services, Inc., No. 8:19-cv-00983-TPB-TGW on April 21, 2021. As previously discussed in a...more

Manatt, Phelps & Phillips, LLP

Beyond Big Tech: CFPB’s Payments Data Obsession May Broadly Target Third-Party Data Purchasers

In late October, the Consumer Financial Protection Bureau (CFPB) sent a shot across the bow at Big Tech’s use of consumer payments data. While much of the industry has focused on the impact on Big Tech, some lenders, lead...more

Burr & Forman

Eleventh Circuit Keeps Troublesome FDCPA Ruling Despite Rehearing, Dissent

Burr & Forman on

The Eleventh Circuit Court of Appeals has issued its ruling on the motion for rehearing in Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434 but most of the troublesome aspects of the Court’s...more

Manatt, Phelps & Phillips, LLP

Hunstein II: 11th Circuit Doubles Down on Dubious Conclusion That Mail Vendor Usage Violates FDCPA

In a surprise to many, an arguably rogue panel of the U.S. Court of Appeals for the Eleventh Circuit has now reaffirmed its earlier decision from Hunstein v. Preferred Collection, 994 F.3d 1341, holding that (1) a plaintiff...more

Perkins Coie

Fintech Legal Report - September 2021 #2

Perkins Coie on

House Financial Services Committee Discusses Consumer Rights to Access Personal Financial Data - On September 21, 2021, the House Committee of Financial Services Task Force on Financial Technology held a hybrid hearing...more

Burr & Forman

Rehearing Sought in Federal Appeals Court Ruling on Use of Mailing Vendors by Debt Collectors

Burr & Forman on

The ruling by the Eleventh Circuit Court of Appeals in Richard Hunstein v. Preferred Collection and Management Services, Inc. raises significant concerns for debt collectors who use vendors for mailing and other types of...more

Alston & Bird

Eleventh Circuit Allows Article III Standing for Disclosure of Sensitive Information Relating to Debt

Alston & Bird on

The FDCPA isn’t always as simple as ABC. Our Litigation Group examines the Eleventh Circuit’s recent ruling relating to when disclosure of sensitive information can create standing even when it doesn’t create tangible harm or...more

Bressler, Amery & Ross, P.C.

Debt Collectors Must Be Mindful of Communications with Third Parties Regarding Consumers in Alabama, Florida, and Georgia

Noting it was a matter of first impression, on April 21, 2021, the Eleventh Circuit held consumers may assert a claim under Section 1692c(b) of the Fair Debt Collection Practices Act (the “FDCPA”) for a debt collector’s...more

Miles & Stockbridge P.C.

Why an Opinion from the Eleventh Circuit is Keeping Creditors Up at Night

A recent federal appeals decision is sending shockwaves throughout the financial services sector. In Hunstein v. Preferred Collection & Mgmt. Services, Inc., the Court of Appeals for the Eleventh Circuit held that, under the...more

Brownstein Hyatt Farber Schreck

Debt Collection Companies Beware: A Slew of Lawsuits Are Coming

Yesterday, the 11th Circuit Court of Appeals issued an opinion in Hunstein v. Preferred Collection and Management Services, Inc., -- F.3d --, 2021 WL 1556069 (Apr. 21, 2021), which almost immediately set off alarms in the...more

Eversheds Sutherland (US) LLP

A Cybersecurity Storm and Winds of Change: NY DFS requires all New York financial institutions to report effects of SolarWinds...

The massive SolarWinds security breach, which affected not only the private sector, but federal, state and local governments, has caused some to question whether to share data with the government. On Friday, December 18, the...more

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