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LenderLaw Watch

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By: Goodwin Procter

Blog Authors

Laura Craven
Amelie Hopkins
CC Jiao
Tierney Smith|W. Kyle Tayman
Lender Law
Benjamin R. Cox
Angelica Rankins
Virginia Selden McCorkle
Tierney Smith

Latest from LenderLaw Watch

LenderLaw Watch

CFPB Proposes Rule That Nonbanks Must Publicly Register with CFPB When They Use Certain Terms and Conditions in Form Contracts

By Tierney Smith
January 17, 2023
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On January 11, 2023 the Consumer Financial Protection Bureau (CFPB) proposed a rule (“Proposed Rule”) that would require “most nonbanks subject to the Bureau’s supervisory authority” to “register annually in [a] system” that is created and operated by the CFPB…

LenderLaw Watch

CFPB Proposes Rule That Nonbanks Subject to Certain Public Orders Must Publicly Register with CFPB As a Means of Detecting “Repeat Offenders”

By Tierney Smith
December 21, 2022
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On December 12, 2022, the Consumer Financial Protection Bureau (“CFPB”) proposed a rule (“Proposed Rule”) that would require non-bank financial institutions to register with the CFPB when they become subject to certain final public orders by a Federal, State, or…

LenderLaw Watch

CFPB files certiorari petition with the U.S. Supreme Court seeking review of the Fifth Circuit’s decision in Community Fin. Services

By CC Jiao
December 20, 2022
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On November 15, 2022, less than one month after the Fifth Circuit panel’s decision in Community Fin. Services Assoc. of Am. Ltd., No. 21-50826 (5th Cir. Oct. 19, 2022) and more than two months before its 90-day deadline, the Consumer…

LenderLaw Watch

FCC Confirms “Ringless Voicemails” Are Subject to the TCPA

By Angelica Rankins
December 20, 2022
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On November 21, 2022, the Federal Communications Commission (FCC) released an order concerning “ringless voicemails” and the Telephone Consumer Protection Act (TCPA).  In this ruling, the FCC confirmed that the delivery of “ringless voicemails” to wireless phones constitute a “call…

LenderLaw Watch

Pennsylvania AG Sues Lead Generators For Deceptive Ads

By Tierney Smith|W. Kyle Tayman
November 21, 2022
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On November 2, 2022, the Pennsylvania Office of Attorney General filed a lawsuit in federal court alleging that a group of companies offering lead generation services violated the Telemarketing Sales Rule (“TSR”), 16 C.F.R. Part 310, and Pennsylvania consumer protection…

LenderLaw Watch

Fifth Circuit Issues Decision Holding that the Funding Mechanism for the Consumer Financial Protection Bureau Is Unconstitutional

By CC Jiao
November 3, 2022
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On October 19, 2022, the Fifth Circuit Court of Appeals (Fifth Circuit) held that the funding mechanism for the Consumer Financial Protection Bureau (CFPB) is unconstitutional and violates the Appropriations Clause of the Constitution.  Community Fin. Services Assoc. of…

LenderLaw Watch

Ninth Circuit Issues Two Significant TCPA Decisions Concerning Mixed-Use Cellphones and Statutory Damages Awards

By Angelica Rankins
November 1, 2022
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In the past few weeks, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) has issued significant decisions concerning the Telephone Consumer Protection Act (TCPA) and its application to unwanted text messages sent to cell phones used…

LenderLaw Watch

CFPB Releases Supervisory Highlights Regarding Practices of Student Loan Servicers and University-Owned Lenders

By Virginia Selden McCorkle
October 28, 2022

In September 2022, the Consumer Financial Protection Bureau (CFPB) released a special edition of Supervisory Highlights regarding recent examination findings related to student loan servicing.  The Supervisory Highlights focus on three sets of “significant supervisory findings:”  (i) blanket policies to…

LenderLaw Watch

CFPB Issues Consent Order Against Money Transfer Company for Remittance Failures

By Tierney Smith
October 11, 2022
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On October 4, 2022, the Consumer Financial Protection Bureau (CFPB) announced that it has issued a consent order against a nonbank provider of a money transfer service for multiple violations of the Electronic Fund Transfer Act (EFTA), 15 U.S.C. §…

LenderLaw Watch

CFPB Issues Circular Confirming that Financial Companies May Violate Consumer Financial Protection Law by Failing to Protect Consumer Data

By Virginia Selden McCorkle
October 3, 2022

In August 2022, the Consumer Financial Protection Bureau (CFPB) published a circular confirming that, under certain circumstances, entities may “violate the prohibition on unfair acts or practices in the Consumer Financial Protection Act (CFPA) when they have insufficient data protection…

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