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|Time Is Running Out to Complain About the Complaint Portal|
Christi A. Lawson; Foley & Lardner LLP;
August 22, 2014, previously published on August 18, 2014You have 4 days! August 22, 2014 is the deadline to submit your comments in response to the Consumer Financial Protection Bureau’s (CFPB) proposed disclosure of consumer complaint narrative data. (https://federalregister.gov/a/2014-17274).
|CFPB Releases Overdraft Study|
Robert L. Carothers; Jones Walker LLP;
August 18, 2014, previously published on August 14, 2014On July 31, 2014, the Consumer Financial Protection Bureau ("CFPB") released the results of a study prepared by its Office of Research on the topic of checking account overdrafts. The study was based on a sampling of data from several large banks supervised by the CFPB. It contains a...
|Businesses Around the United States Being Targeted for Alleged Inaccessible Websites|
Duane Morris LLP;
August 18, 2014, previously published on August 14, 2014While plaintiff's lawyers have been busy the past two years filing lawsuits around the United States alleging violations of the Americans with Disabilities Act (ADA) related to physical barriers—including a wave of class action lawsuits against banks for inaccessible ATMs and against...
|Remedies Against Receiver Must Be Exhausted Before Claim Against Assignee|
Timothy S. Crisp; Foley & Lardner LLP;
August 7, 2014, previously published on August 5, 2014From the consumer plaintiffs’ perspective, a recent appellate decision in Rundgren v. Washington Mutual Bank, FA, is far from Utopia.
|New York State Department of Financial Services Proposes a “BitLicense” Regulatory Framework for Virtual Currency Businesses|
Matthew Bisanz, Alex C. Lakatos, Jeffrey P. Taft; Mayer Brown LLP;
August 7, 2014, previously published on August 6, 2014The New York State Department of Financial Services (the “NYSDFS”) has released a proposed regulatory framework (the “Proposed Rules”) for New York virtual currency businesses. The Proposed Rules build upon the NYSDFS’ prior activities in the virtual currency space....
|Parliament Strengthens the Position of the National Bank in Legal Battles|
Octavian Cazac; Turcan Cazac Law Firm;
August 5, 2014, previously published on January 2014The Moldova Parliament offered the National Bank of Moldova a more limited protection against the suspension of its acts by the court and the cancellation of such acts.
|In re Brown: Replacement Value Applies Even When Debtor Surrenders Property|
Ellen C. Rains; Burr & Forman LLP;
August 4, 2014, previously published on July 28, 2014The recent Eleventh Circuit case of In re Brown, 746 F.3d 1236 (2014) held that 11 U.S.C. § 506(a)(2)'s replacement value standard applies even when a Chapter 7 or 13 debtor surrenders collateral under 11 U.S.C. § 1325(a)(5)(C). The Eleventh Circuit's decision in In re Brown has an...
|Bribe and Prejudice - Supreme Court Decision on Bribes or Secret Commissions Received By Fiduciaries|
Dentons Canada LLP;
July 30, 2014, previously published on July 23, 2014 The Supreme Court's recent judgment in FHR European Ventures LLP and others v. Cedar Capital Partners LLC clarifies the treatment of bribes or secret commissions received by agents or those in fiduciary positions. The question before the Court was whether a bribe or secret commission received by an...
|CPFB Turns Three: Three Years, Big Impact|
Kristen R. Brown, Alexandra Megaris, Jonathan L. Pompan; Venable LLP;
July 28, 2014, previously published on July 24, 2014The 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...
|Eleventh 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;
July 26, 2014, previously published on July 22, 2014In 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...