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HTMLCPFB Turns Three: Three Years, Big Impact
Kristen R. Brown, Alexandra Megaris, Jonathan L. Pompan; Venable LLP;
Legal Alert/Article
July 28, 2014, previously published on July 24, 2014
The Consumer Financial Protection Bureau (“CFPB”) has concluded its third year. Created under the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), the Bureau has taken significant steps to define its role in the consumer financial services...

 

HTMLEleventh Circuit Holds Consumers May Revoke “Prior Express Consent” Under the TCPA Either Orally or in Writing
Reid S. Manley, Seth I. Muse; Burr & Forman LLP;
Legal Alert/Article
July 26, 2014, previously published on July 22, 2014
In Osorio v. State Farm Bank, F.S.B., No. 13-10951 (11th Cir. Mar. 28, 2014), the United States Court of Appeals for the Eleventh Circuit reversed and remanded a Florida district court’s grant of defendant’s motion for summary judgment on plaintiff’s Telephone Consumer Protection...

 

HTMLCFPB to Scrutinize Nonbank Products: Prepaid Cards, Debt Settlement, Credit Repair, and Pawn and Title Loans
Jonathan L. Pompan; Venable LLP;
Legal Alert/Article
July 25, 2014, previously published on July 21, 2014
Three years after it opened for business, on July 21, 2014, the Consumer Financial Protection Bureau (CFPB) announced it was accepting complaints from consumers with problems with (1) prepaid cards; (2) debt settlement services; (3) credit repair services; and (4) pawn and title loans. This signals...

 

HTMLCFPB to Shine Spotlight on Mini-Correspondent Mortgage Lending?
Jennifer M. Keas; Foley & Lardner LLP;
Legal Alert/Article
July 23, 2014, previously published on July 18, 2014
On July 9, 2014, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) issued Policy Guidance on the issue of Mortgage Brokers Transitioning to Mini-Correspondent Lenders (“Policy Guidance”), which highlights risks and considerations that should be taken...

 

HTMLGeorgia Supreme Court Affirms Business Judgment Rule
Duane Morris LLP;
Legal Alert/Article
July 23, 2014, previously published on July 16, 2014
The Georgia Supreme Court has, for the first time, affirmed the existence of the business judgment rule in Georgia common law. More specifically, however, the state Supreme Court held that the business judgment rule does not automatically prevent all claims for ordinary negligence against corporate...

 

HTMLFlorida Information Protection Act of 2014 Explained: Data Breach Notification and Protection Requirements for Certain Entities
Benjamin J. Zellner; Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
July 22, 2014, previously published on July 7, 2014
SB 1524, the Florida Information Protection Act of 2014 ("Act"), took effect July 1, 2014. The Act imposes requirements on covered entities that experience data breaches. When a covered entity suffers such a data breach, it must notify government entities and the affected individuals of...

 

Adobe PDFCFPB Enforcement Action Against Payday Lender Has Broad Implications for Financial Institutions
Stephen Lillley, Andrew J. Pincus, Jeffrey P. Taft; Mayer Brown LLP;
Legal Alert/Article
July 22, 2014, previously published on July 17, 2014
The US Consumer Financial Protection Bureau (CFPB) has entered a consent order with a payday lender for debt collection practices that the CFPB alleged violated the Dodd-Frank Act’s prohibition on unfair, deceptive or abusive acts or practices. The $10 million settlement casts a significant...

 

HTMLThe Florida Information Protection Act of 2014 - Businesses Have New Duties to Protect Personal Data from Security Breaches, and Face Significant Penalties for Failing to Act
Berger Singerman LLP;
Legal Alert/Article
July 21, 2014, previously published on June 2014
Spurred by recent national reports of massive electronic data breaches that may have compromised consumer credit and debit cards, the Florida Legislature amended existing laws on protection of electronic information. Effective July 1, 2014, the Florida Information Protection Act of 2014...

 

HTMLCFPB Proposes Public Disclosure of Consumer Complaint Narratives
Timothy S. Crisp; Foley & Lardner LLP;
Legal Alert/Article
July 19, 2014, previously published on July 16, 2014
Will the CFPB start disclosing consumers’ gripes and rants? Would it provide endless hours of salacious reading, like complaints posted on popular online review sites like Yelp and Angie’s List? Could it become a platform for publicizing unverified or, in worst cases, false and...

 

HTMLCFPB Expands Its Enforcement Efforts Against Payday Lending
Thomas I. Elkind; Foley & Lardner LLP;
Legal Alert/Article
July 19, 2014, previously published on July 17, 2014
In November, 2013, the Consumer Financial Protection Bureau announced its first enforcement action against a payday lender. Cash America International was fined $5 million and was ordered to refund $14 million to its borrowers due to violations of the Military Lending Act. Recently, the CFPB took...

 


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