When a consumer fails to pay a debt, the creditor may engage in proceedings to collect, which may result in a court issuing a garnishment notice directing a bank to freeze and turn over funds in the consumer's deposit account...more
The Consumer Financial Protection Bureau (CFPB) has once again faced constitutional challenges. On Oct. 19, 2022, the U.S. Court of Appeals for the Fifth Circuit held that the agency's "unique" self-funding scheme is...more
The U.S. Chamber of Commerce and six trade groups have filed suit in the U.S. District Court for the Eastern District of Texas against the Consumer Financial Protection Bureau (CFPB) alleging the Bureau is exceeding its...more
The Federal Trade Commission (FTC) has issued a new proposed rule that aims to make the "motor vehicle"-buying process more clear and competitive, and also allow the FTC to recover money when consumers are misled or charged...more
7/12/2022
/ Car Dealerships ,
Code of Federal Regulations (CFR) ,
Consumer Financial Protection Bureau (CFPB) ,
Dealerships ,
Disclosure Requirements ,
Dodd-Frank ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Fees ,
Fraud ,
Motor Vehicles ,
Prior Express Consent ,
Proposed Rules ,
Recordkeeping Requirements ,
Sales Restrictions ,
Trade Restrictions ,
Truth in Lending Act (TILA)
Holland & Knight hosted Dama Brown, the former Regional Director of the Federal Trade Commission's (FTC) Southwest Region, for a webinar presentation on Aug. 11, 2021. During the interview, Holland & Knight Partner Anthony...more
8/25/2021
/ Artificial Intelligence ,
Best Practices ,
Biden Administration ,
Compliance ,
Consumer Complaint Database ,
Consumer Complaint System ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Coronavirus/COVID-19 ,
Enforcement ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Jurisdiction ,
UDAAP
The U.S. Supreme Court on June 29, 2020, issued its decision in Seila Law v. CFPB, a case in which the petitioner challenged the constitutionality of the Consumer Financial Protection Bureau (CFPB). While the Supreme Court...more
The Consumer Financial Protection Bureau (CFPB) on April 1, 2020, issued a Statement on Supervisory and Enforcement Practices Regarding the Fair Credit Reporting Act and Regulation V in Light of the CARES Act. The statement...more
The U.S. Supreme Court heard argument on March 3, 2020, in Seila Law v. CFPB. The case involves a constitutional challenge to the structure of the Consumer Financial Protection Bureau (CFPB) by a California law firm under...more
3/10/2020
/ Certiorari ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Executive Authority ,
Oral Argument ,
Removal For-Cause ,
SCOTUS ,
Seila Law LLC v Consumer Financial Protection Bureau ,
Separation of Powers ,
Severability Doctrine ,
Single Director
Holland & Knight and the National Bar Association Consumer Law Section (NBA-CLS) on Nov. 16, 2018, hosted the Exploring the New Normal in Consumer Protection Enforcement Summit, a half-day seminar that focused on identifying...more
Holland & Knight, the Word of Mouth Marketing Association (WOMMA) and the National Bar Association Commercial Law Section on Nov. 8, 2017, held an informative, half-day seminar featuring presentations and a panel discussion...more
The Consumer Financial Protection Bureau (CFPB) filed on Nov. 18, 2016, a petition challenging the U.S. Court of Appeals for the District of Columbia Circuit's ruling in PHH Corp., et al. v. Cons. Fin. Prot. Bureau, in which...more
11/23/2016
/ Administrative Proceedings ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
En Banc Review ,
Kickbacks ,
PHH Corp. v CFPB ,
Removal For-Cause ,
RESPA ,
Single Director ,
Statutory Interpretation ,
Trump Administration
The U.S. Court of Appeals for the District of Columbia Circuit on Oct. 11, 2016, held unconstitutional the current structure of the Consumer Financial Protection Bureau (CFPB), broadly condemning the agency's unparalleled...more
10/12/2016
/ Administrative Proceedings ,
Article II ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
HUD ,
Kickbacks ,
Mortgages ,
PHH Corp. v CFPB ,
Referral Fees ,
Reinsurance ,
Removal For-Cause ,
RESPA ,
Single Director ,
Statute of Limitations ,
Statutory Interpretation
Holland & Knight and the Association of Credit and Collection Professionals (ACA) hosted a half-day seminar that featured government officials discussing trends and current issues in law enforcement investigations and other...more
The Consumer Financial Protection Bureau (CFPB) released on July 28 new proposals designed to "overhaul" the practices of the debt collection industry. The proposals include sweeping changes to existing regulations, including...more
7/29/2016
/ Banking Sector ,
Borrowers ,
Comment Period ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Debt Collection ,
Disclosure Requirements ,
FDCPA ,
Popular ,
Recordkeeping Requirements ,
Small Business
The U.S. District Court for the Western District of Wisconsin ruled on July 20, 2016, that the Consumer Financial Protection Bureau (CFPB) may hold the owners of two law firms offering debt relief services liable for alleged...more
Judge Richard J. Leon of the U.S. District Court for the District of Columbia on April 21, 2016, ruled that the Consumer Financial Protection Bureau (CFPB) did not have authority to issue a Civil Investigation Demand (CID) to...more
The Consumer Financial Protection Bureau (CFPB) announced that it has entered into a consent order with online payment platform Dwolla Inc., alleging that Dwolla made false representations to consumers relating to its data...more
This week, the Federal Trade Commission (FTC) warned companies that they may not realize they are subject to the Fair Debt Collection Practices Act (FDCPA). Christopher Koegel, Assistant Director of the FTC Division of...more
The Federal Trade Commission (FTC) announced today a major law enforcement initiative targeting deceptive and abusive debt collection practices. "Operation Collection Protection" is a nationwide initiative that the FTC is...more
Holland & Knight and the Word of Mouth Marketing Association (WOMMA) hosted a half-day forum that featured government officials discussing hot-button issues in consumer protection regulation and enforcement. Speakers at the...more
10/28/2015
/ American Express ,
Chamber of Commerce ,
CID ,
Civil Investigation Demand ,
Compliance ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Protection ,
Data Security ,
Debt Collection ,
Disclosure Requirements ,
Enforcement Actions ,
FCC ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Mortgage Lenders ,
Popular ,
Privacy Concerns ,
Robocalling ,
Sharing Economy ,
Telecommunications ,
Telemarketing
The Consumer Financial Protection Bureau (CFPB) has proposed new rules that would ban companies' use of arbitration clauses that prevent consumer class action lawsuits. The potential new rules, announced this month, would...more
10/22/2015
/ Arbitration ,
Arbitration Agreements ,
Automotive Loans ,
Bank Accounts ,
Class Action Arbitration Waivers ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Card Agreements ,
Credit Cards ,
Financial Institutions ,
Money Transfer ,
Payday Loans ,
Prepaid Payment Products ,
Private Student Loans ,
Title Loans
Consumer Financial Protection Bureau (CFPB) Director Richard Cordray rejected challenges to the CFPB's investigation powers and the Bureau's use of broadly worded civil investigative demands (CIDs). Director Cordray did so in...more
The CFPB's Supervisory Report Provides Important Insight into the CFPB's Supervision and Enforcement Priorities and Desired Business Practices.
HIGHLIGHTS:
- The Consumer Financial Protection Bureau (CFPB)...more
7/1/2015
/ Annual Reports ,
Consumer Complaint System ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Examination Priorities ,
Fair Lending ,
Loan Servicing ,
Mortgage Loan Originators ,
Mortgage Loan Servicing Standards ,
Student Loans ,
Supervision
On March 12, 2015, the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB), the two agencies in charge of the federal government's consumer protection mission, reauthorized their Memorandum of...more