The decision last week by the U.S. Court of Appeals for the D.C. Circuit on petitions seeking review of the Federal Communications Commission’s 2015 Declaratory Ruling and Order implementing the Telephone Consumer Protection Act (TCPA) represents a partial victory for the industry. View Full Post
The U.S. Senate on March 14 passed S.2155, the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act), by a vote of 67 to 31.  Although the Act would not make the sweeping changes to the Dodd-Frank Act found in the Financial CHOICE Act of 2017 (CHOICE Act), it, nevertheless, would provide financial institutions welcome relief from a number of specific Dodd-Frank provisions. View Full Post
In a blog post yesterday, Professor Sovern referenced Politico’s report that at the Consumer Bankers Association’s annual conference this week, unlike from 2012-2016, the “regulatory environment” was not identified as a “top worry” by bankers.  According to Professor Sovern, this “raises a question about why Congress is working on a bill to reduce the regulatory burden banks face.”  S. View Full Post
Mick Mulvaney’s appointment by President Trump as CFPB Acting Director became effective on November 25, 2017 upon Richard Cordray’s resignation (which became effective at midnight on November 24).  Accordingly, as of March 1, Mr. Mulvaney will have served as Acting Director for 96 days.  View Full Post
By a vote of 245-171, the House passed H.R. 3299, the “Madden fix” bill (whose official title is the “Protecting Consumers’ Access to Credit Act of 2017.”)  In Madden, the Second Circuit ruled that a nonbank that purchases loans from a national bank could not charge the same rate of interest on the loan that Section 85 of the National Bank Act allows the national bank to charge. View Full Post
Equifax announced on September 7, 2017 a massive data breach affecting an estimated 143 million consumers.  Richard Cordray, the then Director of the CFPB, shortly thereafter authorized an investigation according to several media reports.  Reuters reported yesterday that the investigation sputtered since then, according to several government and industry sources.  View Full Post
It is with great pleasure that I share the good news that Law360 has named Ballard Spahr’s Consumer Financial Services Group a Practice Group of the Year. Law360—which covers legal news and policy developments across the industry and has a circulation of more than a million—selected Practice Groups of the Year to highlight the top U.S. View Full Post
Despite the CFPB’s change in position after Mick Mulvaney’s appointment regarding the need for Nationwide Biweekly Administration to post a bond to stay execution of the $7.9 million judgment obtained by the CFPB, the CFPB has opposed Nationwide’s motion to alter, amend, or vacate the judgment. View Full Post
Democratic Senator Dianne Feinstein announced that she and three other Democratic Senators have introduced a bill, the “Accountability for Wall Street Executives Act of 2017,” that would allow state attorneys general to issue investigative subpoenas to national banks in connection with suspected violations of state law. View Full Post