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|Ninth Circuit Rules That Redbox's Collection of Customer Zip Codes Falls under "Deposit" Exception to California's Song-Beverly Act|
Michael L. Mallow, Christine M. Reilly; Loeb & Loeb LLP;
July 14, 2014, previously published on July 2014In a 2-1 decision, a Ninth Circuit panel has affirmed a district court's dismissal of a putative class action against Redbox - the company with the bright red DVD-rental kiosks - alleging violations of California's Song-Beverly Credit Card Act, which prohibits retailers from collecting personal...
|CFPB Debt Collection (Regulation F) Rulemaking FAQs|
Andrew E. Bigart, Kristen R. Brown, Alexandra Megaris, Jonathan L. Pompan; Venable LLP;
July 14, 2014, previously published on July 2014On November 12, 2013, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) issued an Advance Notice of Proposed Rulemaking (“ANPR”) seeking comment, data, and information from the public about debt collection practices, and in January 2014, the CFPB...
|Lien Stripping: Should a debtor's eligibility for a discharge be a factor?|
Keri Ebeck; Weltman, Weinberg & Reis Co., L.P.A.;
July 14, 2014, previously published on July 7, 2014Anyone who practices bankruptcy is familiar with Chapter 7, Chapter 13 and most likely Chapter 11, but what about a Chapter 20? To some, the question is whether a Chapter 20 bankruptcy is part of the bankruptcy code? The answer is - not technically, but a Chapter 20 bankruptcy does exist. A Chapter...
|CFPB Seeks Comment on the Use of Mobile Financial Services|
John B. Beaty, Frederick M. Joyce, Jonathan L. Pompan, D. E. Wilson; Venable LLP;
July 14, 2014, previously published on July 2014On June 12, 2014, the Consumer Financial Protection Bureau (CFPB) published in the Federal Register a notice and request for information (RFI) about how consumers are using mobile financial services to access products and services, manage finances, and achieve their financial goals (with a focus on...
|Relaxed Requirements for Subclass 457 Visa Holders Seeking Permanent Residence and Other Changes|
Fragomen Del Rey Bernsen Loewy LLP;
July 14, 2014, previously published on July 10, 2014A new Department of Immigration and Border Protection (DIBP) policy that took effect on July 1 makes it easier for Subclass 457 visa holders seeking permanent residence under the Employer Nomination or Regional Sponsored Migration programs to demonstrate that they meet two-year prior employment...
|US Supreme Court Expands (and Potentially Limits) the Reach of the Bank Fraud Statute|
Vincent J. Connelly, William Michael, Richard E. Nowak; Mayer Brown LLP;
July 14, 2014, previously published on July 9, 2014The US Supreme Court has unanimously held that federal prosecutors can use the federal bank fraud statute, 18 U.S.C. § 1344, against offenders in cases where a bank is not the intended target of a fraud.
|Change is Coming to the Way Americans Pay with Credit/Debit Cards: Is Your Business Ready for the Liability Shift?|
Jeffrey Leventhal; Holland Hart LLP;
July 11, 2014, previously published on July 8, 2014Beginning in October of 2015, merchants, card issuers, and payment processors must comply with new technical requirements (known as the EMV standard) for debit and credit cards and the accompanying point of sale (POS) infrastructure, or risk being held responsible for the cost of fraudulent...
|The Landmark Tsilhqot’in Nation Decision: What it Means for Project Developers in Canada|
Laura Easton, Heather L. Treacy; Davis LLP;
July 11, 2014, previously published on July 3, 2014On June 26, 2014, the Supreme Court of Canada (the “Court”) issued a landmark ruling in the area of aboriginal law with its decision in Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (the “Decision”). The Court declared that the Tsilhqot’in Nation, a...
|Credit Bidding at Bankruptcy Sales: A Powerful Tool, But Not Absolute|
Harry W. Greenfield, Harry W. Greenfield, Jeffrey C. Toole, Jeffrey C. Toole; Buckley King A Legal Professional Association;
July 11, 2014, previously published by ABF Journal on May/June 2014The authors discuss how recent bankruptcy cases may level the credit bidding playing field for lenders by initiating bidding caps during a bankruptcy sale process. They recommend proceeding with caution: Lenders who are overzealous, especially in "loan-to-own" scenarios, may invite...
|Bank Capital Plans and Stress Tests: Federal Reserve Proposes New Submission Deadlines and Other Revisions to Its Capital Plan Rule; Federal Banking Agencies Propose New Submission Deadlines for Dodd-Frank Act Company-Run Stress Tests|
Sullivan Cromwell LLP;
July 9, 2014, previously published on June 30, 2014The Board of Governors of the Federal Reserve System (the “FRB”) recently released a notice of proposed rulemaking (the “FRB NPR”, and the rules set forth therein, the “FRB Proposed Rules”) that would amend the FRB’s capital plan rule (the “Capital...