In this podcast, after reviewing what redlining is, we look at which regulators have made it a focus, factors they consider when looking for redlining, whether those factors apply to nonbanks and how nonbanks can assess and reduce risk.  We also discuss emerging theories of digital redlining. Click here to listen to the podcast.…

Earlier this month, in Buchholz v. Meyer Njus Tanick, P.A., the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s decision that a plaintiff who alleged that the defendant had violated the Fair Debt Collection Practices Act (“FDCPA”), failed to allege a concrete injury in fact sufficient to confer Article III standing. The plaintiff alleged the defendant law firm violated the FDCPA by sending him two letters regarding overdue payments he…

Seila Law has filed a motion with the U.S. Supreme Court requesting an enlargement of the time allocated for oral argument (scheduled for March 3) and a division of the time to accommodate “the unusual circumstances for oral argument” that the case presents.  Seila Law states that it has consulted with the DOJ and Paul Clement, the court-appointed amicus curiae, and each consents to the motion and proposed structure for oral argument. Seila Law observes…

On January 7, 2020, Chief United States Bankruptcy Judge Cecilia G. Morris of the United States Bankruptcy Court for the Southern District of New York issued a notable opinion in the case of Rosenberg v. N.Y. State Higher Education Services Corp., granting summary judgment in favor of a U.S. Navy veteran who was seeking to discharge $221,385.49 in federal student loan debt. The debtor first borrowed money to fund his undergraduate studies at the…

On January 31, the University of Utah S.J. Quinney College of Law will hold a program, “Consumer Protection in the Trump Administration,” at which CFPB Director Kathy Kraninger will deliver remarks.  The program, which is part of the University’s 2020 Law and Biomedicine Colloquium, is free and open to the public. Director Kraninger will be responding to questions from Professor Chris Peterson of S.J. Quinney College of Law and from members of the…

On January 17, 2020, the Ninth Circuit denied the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent a Center appeals, setting the stage for possible U.S. Supreme Court review of the California Supreme Court’s McGill Rule.  Under the McGill Rule, an arbitration agreement that precludes a consumer from pursuing claims for “public” injunctive relief in court or in arbitration is unenforceable under California law. The defendants in Blair asked the…

The New York Department of Financial Services has announced that Leandra English, who formerly served as CFPB Deputy Director, has joined the NYDFS executive team as Special Policy Advisor.  As our blog readers may recall, although Ms. English was appointed CFPB Acting Director by former CFPB Director Cordray upon his departure from the Bureau, President Trump appointed Mick Mulvaney to serve as Acting Director.  Ms. English then initiated unsuccessful litigation seeking a declaration that she,…