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Documents on Antitrust & Trade Regulation, Banking & Financial Services, Telecommunications, Advertising & Marketing
 

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HTMLOhio Supreme Court Says Ohio Consumer Sales Practices Act Does Not Apply to Servicing of Residential Mortgage Loans
Matthew G. Burg; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 21, 2013, previously published on May 15, 2013
Does the Ohio Consumer Sales Practices Act ("OCSPA") (codified in Chapter 1345 of the Revised Code) apply to servicers of residential mortgage loans? That was the question an Ohio federal district court asked the Ohio Supreme Court to determine. The answer - it does not. See Anderson...

 

HTMLManually Dialed Telephone Calls May Violate TCPA
Michael L. Mallow, Christine M. Reilly; Loeb & Loeb LLP;
Legal Alert/Article
May 20, 2013, previously published on May 2013
The Telephone Consumer Protection Act regulates the use of auto/predictive dialers, which are used to initiate faxes, prerecorded voice messages, and SMS text messages. But a federal court in the Western District of Wisconsin has now expanded the reach of the TCPA beyond auto/predictive dialers,...

 

HTMLFederal Court Reinstates $203 Million Judgment Against Wells Fargo for Misleading Consumers on Posting of Debit-Card Purchases that Resulted in Unexpected Overdraft Fees
Lieff Cabraser Heimann Bernstein LLP;
Legal Alert/Article
May 20, 2013, previously published on May 15, 2013
Michael W. Sobol of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP announced that U.S. District Judge William Alsup late yesterday afternoon issued an order to reinstate a $203 million judgment against Wells Fargo Bank. The judgment is based upon the...

 

HTMLThird Party Vendor Issues and Checklist
E. Andrew Keeney; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
May 16, 2013
For years, credit unions have been alerted by the NCUA to the need for vendor due diligence and other third-party vendor relationship requirements. Now, the Federal Reserve Board has alerted banks, and the Consumer Financial Protection Bureau has joined the bandwagon and is even issuing unfair and...

 

HTMLFTC Annual Report Highlights Commission Focus on Health-Related Advertising
Katie Bond; Hyman Phelps McNamara P.C.;
Legal Alert/Article
April 16, 2013, previously published on April 15, 2013
As it does every spring, the Federal Trade Commission (“FTC”) has released its annual report. The new report, which covers 2012, makes clear that the FTC remains as focused as ever on health-related advertising ¿ especially where advertising allegedly promotes products for weight...

 

Adobe PDFThe Realm of Advertising in 140 Characters or Less: How the FTC Addresses Modern Concerns over Digital Advertising
Ryan S. Klarberg, Robert J. deBrauwere; Pryor Cashman LLP;
Legal Alert/Article
April 15, 2013, previously published on April 9, 2013
On Tuesday, March 12, 2013, the Federal Trade Commission (FTC) issued a new report that provides the latest guidance to those that advertise and market their products and services online. The detailed report, titled “.com Disclosures: How to Make Effective Disclosures in Digital...

 

HTMLCFPB Announces Plans to Hold Auto Lenders Liable for Discriminatory Loans
Michael L. Mallow, Michael A. Thurman; Loeb & Loeb LLP;
Legal Alert/Article
April 15, 2013, previously published on April 2013
The Consumer Financial Protection Bureau issued a guidance bulletin announcing that it will treat indirect auto lenders as creditors subject to the Equal Credit Opportunity Act (ECOA). The March 21 bulletin follows the CFPB's previous signals that it intended to pursue discrimination in the...

 

HTMLAnalysis of the Business Reputation of Banks. What the Federal Antimonopoly Service Will Be Guided By?
Irina Akimova; Capital Legal Services;
Legal Alert/Article
April 6, 2013, previously published by Competition and Law, - 1, 2013
In the banking world with an immense number of options to choose from, reputation of a credit organization is becoming a real and one of the key factors in competition. This factor is especially significant in the area of banking services, since the success of the “bank-client”...

 

HTMLDifferent Deposits, Different Rules - the Principles of Competition
Irina Akimova; Capital Legal Services;
Legal Alert/Article
April 6, 2013, previously published by Bank overeview on Spring 2013
The main competition at present developing among banks is that with respect to attracting and forming deposits. In the fight for good clients and “new” money, the banks need to adapt to market dynamics as quickly as possible, offering attractive banking products to consumers.

 

HTMLAntitrust Control on Financial Markets
Irina Akimova; Capital Legal Services;
Legal Alert/Article
April 6, 2013, previously published by Bank review, Best Practice, - 4, 2012
At present, a “collective” cooperation scheme is quite attractive, especially for banks and insurers being part of one financial group. The reasons for this popularity are fairly obvious: a bank independently selects an insurer to insure its debtors’ risks. Life and health...

 


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