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HTMLFinCEN Finalizes Customer Due Diligence Rule
Carl A. Fornaris, Brett M. Kitt; Greenberg Traurig, LLP;
Legal Alert/Article
June 8, 2016, previously published on May 25, 2016
May 6, 2016, the Financial Crimes Enforcement Network of the U.S. Department of the Treasury (FinCEN) finalized regulations that will require banks, securities broker dealers, mutual funds, futures commission merchants, and introducing brokers in commodities (collectively, Covered Institutions) to...

 

HTMLCFPB Proposed Rule on Consumer Finance Arbitration
Jennifer L. Gray, Brett M. Kitt, Gil Rudolph, Murray B. Silverstein; Greenberg Traurig, LLP;
Legal Alert/Article
May 31, 2016, previously published on May 16, 2016
On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) presented for public comment its proposed rule prohibiting the use of mandatory pre-dispute arbitration clauses that waive class action lawsuits. The proposed rule would require providers to explicitly disclose to consumers that the...

 

HTMLCFPB Issues Guidance on Marketing Services Agreements and RESPA Compliance
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
October 27, 2015, previously published on October 21, 2015
On Oct. 8, the CFPB issued a compliance bulletin on the use of marketing services agreements and compliance with the Real Estate Settlement Procedures Act (RESPA). Section 8 of RESPA prohibits the payment of kickbacks and referral fees for settlement services provided in mortgage transactions. With...

 

HTMLCFPB Considering Proposal to Ban Certain Arbitration Clauses
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
October 27, 2015, previously published on October 21, 2015
On Oct. 7, the CFPB announced a proposed outline of a rule that would ban financial institutions from including in their contracts mandatory arbitration clauses that ban consumers from pursuing class action lawsuits and require institutions to report individual arbitration outcomes to the CFPB.

 

HTMLCFPB Enforcement Action Against Indirect Auto Finance Company
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
October 27, 2015, previously published on October 21, 2015
On Oct. 1, the CFPB announced an enforcement action against an indirect auto finance company and its auto title lending subsidiary for alleged violations of the Fair Debt Collection Practices Act (FDCPA), the Truth in Lending Act (TILA), and the Consumer Financial Protection Act (CFPA).

 

HTMLCFPB Issues Final Rule Amending HMDA Reporting Requirements
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
October 27, 2015, previously published on October 21, 2015
On Oct. 15, the CPFB issued a final rule amending the reporting requirements of the Home Mortgage Disclosure Act (HMDA). HMDA requires mortgage lenders to report certain information about the loans for which they receive applications or that they originate or purchase. Regulators and the public may...

 

HTMLCFPB Releases Spring 2015 Rulemaking Agenda
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
July 15, 2015, previously published on July 7, 2015
The CFPB recently released its spring 2015 rulemaking agenda as required by the Regulatory Flexibility Act. It described the following upcoming rulemakings:

 

HTMLCFPB Enforcement Action Against National Mortgage Servicer
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
May 12, 2015, previously published on April 29, 2015
On April 21, the CFPB announced a joint enforcement action with the Federal Trade Commission against a national mortgage servicing company that specializes in servicing delinquent loans. The complaint alleges that the mortgage servicer violated various consumer protection laws and injured borrowers...

 

HTMLCFPB Enforcement Action Against Collection Agency and Its Service Providers
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on April 14, 2015
On April 8, the CFPB announced that it had sued a debt collection agency, its individual owners, and its service providers in the United States District Court for the Northern District of Georgia for allegedly violating the Fair Debt Collection Practices Act (FDCPA) and the Consumer Financial...

 

HTMLCFPB Releases its Consumer Arbitration Study
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, Murray B. Silverstein; Greenberg Traurig, LLP;
Legal Alert/Article
April 17, 2015, previously published on April 7, 2015
The CFPB released its long-awaited study on the use of pre-dispute arbitration clauses in consumer contracts for financial products and services on March 10, 2015. The 410-page Arbitration Study (Study) (728 pages when including the 2013 Preliminary CBPB Study) is the CFPB’s report to...

 


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