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HTMLCFPB Opens Advisory Board Meetings to Public
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
June 10, 2014, previously published on June 4, 2014
Bowing to industry and political pressure for greater transparency, the CFPB announced on May 20th that it will open fully to the public the meetings of its Consumer Advisory Board, its Community Bank Advisory Council, its Credit Union Advisory Council, and its Academic Research Council, starting...

 

HTMLFurnishers’ Obligation to Have Policy & Procedures Relating to Credit Reporting
Steven L. Owen, Patricia J. Scott; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
June 10, 2014, previously published on May 20, 2014
One of the more challenging areas of the Fair Credit Reporting Act (“FCRA”) relates to properly furnishing information to credit reporting agencies. In that regard, as a reminder, each furnisher must have policies and procedures implemented to ensure accurate information is reported.

 

HTMLCFPB Releases Supervisory Highlights Report
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
June 10, 2014, previously published on June 4, 2014
On May 22nd, the CFPB released its latest supervisory highlights report, which summarizes significant examination findings of its Office of Supervision during the time period from November 2013 through February 2014. The report focuses principally upon its examination findings relating to non-bank...

 

HTMLCFPB Posts Spring 2014 Rulemaking Agenda
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
June 10, 2014, previously published on June 4, 2014
On May 23rd, the CFPB posted a semi-annual update of its rulemaking agenda. Under the Regulatory Flexibility Act, federal agencies must publish their regulatory agendas twice a year.

 

HTMLCFPB Releases Study on Credit Reporting and Medical Debts
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
June 10, 2014, previously published on June 4, 2014
On May 20th, the CFPB released a study on medical debt finding that “consumers’ credit scores may be overly penalized for medical debt that goes into collections and shows up on their credit report.”1 The data set for the study consisted of five million credit records from...

 

HTMLFlorida Federal Courts Address Assignee Liability Under Section 1641 of TILA
Nicholas S. Agnello, John R. Chiles; Burr & Forman LLP;
Legal Alert/Article
June 10, 2014, previously published on May 21, 2014
In Alaimo v. HSBC Mortgage Services, Inc., 2014 WL 930787 (S.D. Fla. March 10, 2014) the Honorable Robert N. Scola extended his previous decision in Signori v. Fed. Nat’l Mortg. Assoc., 934 F.Supp.2d 1364, 1367 (S.D.Fla. 2013) holding that an assignee of a mortgage loan cannot be held liable...

 

HTMLEleventh Circuit Holds That Bank Could Not Compel Arbitration When Account Agreement—Which Was Silent as to Arbitration—Completely Superseded Prior Account Agreement Containing Arbitration Clause
John R. Chiles, Eric S. Pendergraft; Burr & Forman LLP;
Legal Alert/Article
June 9, 2014, previously published on May 19, 2014
The U.S. Court of Appeals for the Eleventh Circuit recently upheld a lower court’s denial of a bank’s motion to compel arbitration of a dispute between the bank and a depositor concerning alleged excessive overdraft fees. To reach its decision in Dasher v. RBC Bank (USA), Case No....

 

HTMLAccurate Information and Personal Guarantees on Commercial Credit Applications
David Brown; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
June 9, 2014, previously published on May 28, 2014
While most of the commercial credit extenders that I work with do a nice job of collecting accurate information during the application process, there is always room for improvement. This article will give you some ideas about what should be included in your commercial credit application, to ensure...

 

HTMLFlorida Appellate Court: Lenders Must Authenticate Business Records
John R. Chiles, Courtney Oakes; Burr & Forman LLP;
Legal Alert/Article
June 9, 2014, previously published on May 16, 2014
In Hunter v. Aurora Loan Services, LLC, Case No. 1D12-6071 (Fla. 1st DCA March 4, 2014), the First District Court of Appeals found that a lender must lay the necessary foundation under the business records exception to admit documentation from a prior servicer into evidence.

 

HTMLNew Rules for Accreditation of Foreign Branches and Representative Offices in Russia
Dentons Canada LLP;
Legal Alert/Article
June 9, 2014, previously published on May 20, 2014
Federal Law of May 5, 2014 No. 106-FZ "On amending certain legislative acts of the Russian Federation” (Law 106-FZ) has changed the procedure for accreditation of branches and representative offices of foreign legal entities in the Russian Federation.

 


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