News & Analysis as of

State Attorneys General UDAAP

Hudson Cook, LLP

Technical Violations of State Collection Practices Laws Can Lead to Class Action Liability

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If you are reading this article, you are likely aware that a creditor collecting its own debts in its own name is not a "debt collector" under the federal Fair Debt Collection Practices Act ("FDCPA") or its implementing rule,...more

Troutman Pepper

Key Developments From State Attorneys General in 2022

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For lawyers and observers of state attorneys general, 2022 brought a year full of advocacy, enforcement actions, settlements and politics. With such an eventful year in the rearview mirror, this article highlights some...more

Husch Blackwell LLP

New CFPB and NY AG Lawsuit Could Harm Consumer Credit Markets

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Perhaps not as prominent in the national news as another relatively high-profile balloon, in its latest effort to legislate and regulate by enforcement, the Consumer Financial Protection Bureau (CFPB), together with New...more

Jenner & Block

CFPB Warns Digital Marketers, Loops In State AGs

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In a recent interpretive rule announced on August 10, 2022,—and unveiled at a summit of the National Association of Attorneys General—the CFPB stated that digital marketers are subject to the CFPB’s jurisdiction, and...more

Morgan Lewis - All Things FinReg

State Actions May Create Litigation and Investigation Risk for Financial Services Firms at a Politicized Time

A group of state treasurers and state attorneys general (AG) have raised concerns that certain environmental, social, and governance (ESG) features of certain fund disclosures and other marketing collateral could create...more

BCLP

Deceptive and Unfair - Multiple NSF Fees on Representments of the Same Transaction

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In guidance issued recently, the Federal Deposit Insurance Corporation (“FDIC”) advised that charging multiple non-sufficient funds (“NSF”) fees constitute “violations of law” when customer disclosures do not fully and...more

Troutman Pepper

Navient Settles with State AG Coalition Over Alleged Unfair, Deceptive, and Abusive Student Loan Origination and Servicing...

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On January 13, a coalition of 39 state attorneys general — led by AGs from Pennsylvania, Washington, Illinois, Massachusetts, and California — reached a settlement with student loan servicer Navient over allegedly unfair,...more

Morgan Lewis

Q&A: Consumer Protection Outlook Under the Biden Administration

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It’s clear that President Joe Biden’s approach toward consumer protection and financial services enforcement will differ from that of his predecessor. In addition to general housekeeping matters, such as replacing and hiring...more

Hudson Cook, LLP

CFPB's Proposed Debt Collection Rule: Perspectives from the Comment Period

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It's been four weeks since the comment period closed on the CFPB's proposed debt collection rule - just enough time to look back with some perspective on the comments submitted and assess how the CFPB may move forward. The...more

Ballard Spahr LLP

CFPB files amicus brief in Third Circuit supporting PA AG

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The CFPB has filed an amicus brief in the U.S. Court of Appeals for the Third Circuit in the Pennsylvania Attorney General’s lawsuit against Navient Corp.  The PA AG’s lawsuit includes claims that Navient violated the...more

Ballard Spahr LLP

CFPB and NYAG file response and reply briefs in RD Legal

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The CFPB and the New York Attorney General have filed their response and reply briefs in the Second Circuit, where the CFPB and NYAG filed appeals from the district court’s decision and RD Legal Funding filed a cross-appeal. ...more

Ballard Spahr LLP

CFPB and NYAG file opening briefs with Second Circuit in RD Legal Funding case

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The CFPB and New York Attorney General have filed their opening briefs in their appeals to the Second Circuit in RD Legal Funding. ...more

White & Case LLP

Consumer financial services: The road ahead: Auto finance

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In 2018, the CFPB continued to pay attention to the auto finance industry, with a particular focus on indirect (dealer-arranged) auto lenders and unfair or abusive loan servicing practices....more

Ballard Spahr LLP

NY Attorney General files appeal with Second Circuit in RD Legal Funding case

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The New York Attorney General, on October 12, 2018, filed an appeal with the Second Circuit from Judge Preska’s dismissal on September 12 of all of the NYAG’s federal and state law claims, and her subsequent September 18...more

Ballard Spahr LLP

RD Legal Funding files letter on jurisdictional issues

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RD Legal Funding has submitted a letter to Judge Preska asking her to dismiss all of the federal claims of the New York Attorney General (NYAG). ...more

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