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HTMLCFPB Issues Special Edition Supervisory Highlights on Indirect Auto Lending
Neal C. Wise; Jones Walker LLP;
Legal Alert/Article
September 29, 2014, previously published on September 25, 2014
On September 23, 2014, the Consumer Financial Protection Bureau ("CFPB") released its Supervisory Highlights describing its fair credit supervisory actions in the indirect automobile lending market. According to the CFPB, the term "indirect automobile lenders" consists of...


HTMLFCA MiFID II Conference Summary
Harvey Knight, Kirsten Lapham; Withers Bergman LLP;
Legal Alert/Article
September 25, 2014, previously published on September 24, 2014
On 18 September, the Financial Conduct Authority (FCA) held a conference which addressed the agenda for Markets in Financial Instruments Directive (MiFID) II. Among other key speakers, David Lawton, the FCAs director of markets, and Maggie Craig, acting head of savings and investments, talked about...


HTMLUDAAP Council Weekly UDAAP Standards Report - 09/17/14
Martin J. Bishop; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
Every week, courts around the United States issue decisions addressing aspects of civil UDAAP claims. In an effort to illuminate the UDAAP standards, below is a sampling of some of this week’s UDAAP decisions on the meaning of unfair, deceptive, and abusive.


HTMLCommercial Interest Rate Basics
David Brown; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
September 23, 2014, previously published on September 18, 2014
Ohio R.C. § 1343.01 caps commercial interest rates at 8% per annum with respect to bonds, bills, promissory notes, or other instruments of writing for the forbearance or payment of money at any future time. However, there are several broad exceptions which provide for interest rates above and...


HTMLMassachusetts Division of Banks Gears Up to Implement State Law Limiting Flood Insurance Requirements on Residential Properties
Nancy R. Wilsker; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
September 23, 2014, previously published on September 17, 2014
On Thursday, September 11, 2014 the Massachusetts Division of Banks held a public hearing regarding regulations to implement Chapter 177 of the Acts of 2014, An Act Further Regulating Flood Insurance (the "Act"). The Division will continue to accept written comments concerning the...


HTMLCFPB Issues Guidance Regarding Mortgage Servicing Transfers
John Honahan, Richard B. Horn, Matthew S. Yoon; Dentons Canada LLP;
Legal Alert/Article
September 17, 2014, previously published on September 5, 2014
On August 19, 2014, the US Consumer Financial Protection Bureau ("CFPB") released Bulletin 2014-01, ("Bulletin"). The Bulletin replaces CPFB Bulletin 2013-1, which also addressed servicing transfers, and provides updated CFPB guidance and expectations with respect to mortgage...


HTMLOverview of the Florida Consumer Collection Practice Act
Adam Keith Butman Brandon; Rogers Towers, P.A.;
Legal Alert/Article
September 17, 2014, previously published on September 11, 2014
As discussed in a prior post, the Florida Consumer Collection Practices Act (FCCPA) can apply to both debt collectors (like collection agencies) and lenders who seek to collect their own debts. The FCCPA is broader than the federal Fair Debt Collections Practices Act (FDCPA), which only regulates...


Adobe PDFTheories of Liability Against Principals of Debtor
Joseph S. U. Bodoff; Rubin and Rudman LLP;
Legal Alert/Article
September 15, 2014, previously published on September 11, 2014
All too often, businesses cease operating, leaving creditors with little or no ability to collect on their debts. Fortunate creditors may have collateral or personal guaranties signed by a person or entity that is not judgment-proof. For the vast majority of creditors, however, their recourse is...


HTMLCFPB Warns Credit Card Companies About Potential UDAAP Violations When Marketing Promotional Interest Rates
Keith J. Barnett, B. Knox Dobbins, Brian M. Murphy, Robert J. Pile, Lewis S. Wiener; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 11, 2014, previously published on September 8, 2014
The Consumer Financial Protection Bureau (CFPB) issued a bulletin on September 3, 2014 warning credit card companies that marketing materials for promotional annual percentage rate (APR) offers may be in violation of the unfair, deceptive, or abusive acts or practices (UDAAP) provisions of the...


HTMLCFPB Issues Bulletin Regarding Marketing of Promotional Credit Card Offers
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph, J. Scott Sheehan; Greenberg Traurig, LLP;
Legal Alert/Article
September 10, 2014, previously published on September 8, 2014
On September 3rd, the CFPB issued Bulletin 2014-02 warning credit card companies against deceptively marketing interest-rate promotions to consumers. The CFPB is concerned that consumers do not adequately understand certain types of credit card offers, such as balance transfers, deferred-interest...


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