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HTMLCFPB Proposes Changes to Reg C
R. Scott Adams; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
August 19, 2014, previously published on August 7, 2014
The Home Mortgage Disclosure Act (“HMDA”), implemented through Regulation C, is the next target for changes by the Consumer Financial Protection Bureau (“CFPB”). The CFPB’s proposed rule claims to simplify the reporting process for financial institutions while also...

 

HTMLCFPB Releases Overdraft Study
Robert L. Carothers; Jones Walker LLP;
Legal Alert/Article
August 18, 2014, previously published on August 14, 2014
On July 31, 2014, the Consumer Financial Protection Bureau ("CFPB") released the results of a study prepared by its Office of Research on the topic of checking account overdrafts. The study was based on a sampling of data from several large banks supervised by the CFPB. It contains a...

 

HTMLBusinesses Around the United States Being Targeted for Alleged Inaccessible Websites
Duane Morris LLP;
Legal Alert/Article
August 18, 2014, previously published on August 14, 2014
While plaintiff's lawyers have been busy the past two years filing lawsuits around the United States alleging violations of the Americans with Disabilities Act (ADA) related to physical barriers—including a wave of class action lawsuits against banks for inaccessible ATMs and against...

 

HTMLUsury in Florida: Are Late Fees Usurious?
Scott Jonathan Kennelly, Janet C. (Jacy) Owens; Rogers Towers, P.A.;
Legal Alert/Article
August 15, 2014, previously published on August 14, 2014
When borrowers default under the terms of their loans, lenders often, in accordance with the loan documents, can assess late fees against the borrower. When lenders assess late fees around the time of or after a loan matures or is accelerated, however, the imposition of late fees has the potential...

 

Adobe PDFLaw No. 20,715: On Protection to Debtors of Money Loans
Felipe Moro, Diego Peralta, Francisco Ugarte; Carey;
Legal Alert/Article
August 15, 2014
On December 13, Law No. 20,715 was published in the Official Gazette, after an intense debate in the financial industry and over 2 years of discussion in Parliament. The new law modifies Law No. 18,010 on regulations on money loan transactions, Law No. 19,496 on protection of consumer rights and...

 

HTMLThe Fons Decision: Regulatory Implications for Parties to Loan Agreements
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
In Fons Hf v. Corporal Ltd & Anor (Fons), the Court of Appeal held, in the context of a specific agreement, that "debentures" included loan agreements, on the basis that a loan agreement "creates or acknowledges a debt". Although the Court of Appeal did not consider the...

 

HTMLEU Regulatory Reform: The Past Six Months
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
It seems a long time since the global agreement on the need for radical reform of financial services regulation in the wake of the financial crisis. We always knew measures would take months and years in the negotiation and implementation stages. Suddenly, since the beginning of 2014, several...

 

HTMLLender Discretions: Understanding the Limits
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
Most facility agreements give the lender certain discretions. Sometimes the agreement will say the lender must exercise a discretion reasonably. But what if it doesn't? Adam Pierce explains the extent to which implied terms may limit a lender's discretions, with particular focus on some recent...

 

HTMLReference Banks: A Dying Breed?
Dentons Canada LLP;
Legal Alert/Article
August 14, 2014, previously published on July 30, 2014
The Wheatley Report on LIBOR, published nearly two years ago, noted the potential problems of relying on reference bank rates as a fall-back cost of funds benchmark "in the event of longer-term disruption to the publication of LIBOR". It recommended that industry bodies and market...

 

HTMLAccounting Is Not Only Important - It's Mandatory
Dana B. Perry; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
August 14, 2014, previously published on August 2014
Imagine how you would feel if you walked into your bank, asked for a summary of your account activity and the bank told you that it had no idea how much money was in your account or how it had been spent. Of course, this doesn't normally happen because the bank has a fiduciary duty to account for...

 


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