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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...

 

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...

 

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...

 

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 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...

 

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...

 

Adobe PDFThe importance of first impressions - getting a company ready for financing or sale
William F. Miller; Pannone Lopes Devereaux & West LLC;
Legal Alert/Article
July 16, 2014
If you are considering applying for a substantial bank loan, seeking capital from equity investors or a possible sale of your company, the very first step in the process should be a thorough review of the company by its own management. According to the old cliché, “You only get one...

 

Adobe PDFSupreme Court Decision Will Create Major Concerns For Some Commercial Lenders
William F. Miller; Pannone Lopes Devereaux & West LLC;
Legal Alert/Article
July 16, 2014
The laws of virtually every state prohibit lenders from charging interest on loans in excess of the “usury rate” - the maximum interest rate permitted under the laws of the state. However, usury statutes vary greatly from state to state. Not only do the maximum interest rates vary, but...

 


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