News & Analysis as of

UDAAP State Attorneys General Financial Services Industry

Hudson Cook, LLP

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

Hudson Cook, LLP on

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

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

BCLP on

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

Morgan Lewis

Q&A: Consumer Protection Outlook Under the Biden Administration

Morgan Lewis on

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

Ballard Spahr LLP

CFPB files amicus brief in Third Circuit supporting PA AG

Ballard Spahr LLP on

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

Ballard Spahr LLP on

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

Ballard Spahr LLP on

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

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Ballard Spahr LLP on

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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