Washington -
On January 24, 2025, Washington Representatives Reeves (D), Corry (R), and Walen (D) introduced House Bill (HB) 1599, which seeks to amend the state’s existing debt adjusting act. Currently, the Washington law...more
On October 11, 2024, the California Office of Administrative Law approved and filed with the California Secretary of State proposed regulations by the California Department of Protection and Innovation (“DFPI”) to establish...more
1/13/2025
/ California ,
California Consumer Financial Protection Law (CCFPL) ,
Consumer Financial Products ,
Consumer Protection Laws ,
Debt Settlement Services ,
Department of Financial Protection and Innovation (DFPI) ,
Final Rules ,
Financial Regulatory Reform ,
Financial Services Industry ,
Registration Requirement ,
Regulatory Requirements ,
Reporting Requirements
On January 2, 2025, Massachusetts Governor Maura Healey signed the state’s new Money Transmission Act (“MTA” or the “Act”), Bill H4840, into law, introducing more stringent money transmission regulations for transmitters...more
Discover insights from regulatory attorneys, Felix Shipkevich and Yvonne Bowser-Caballero of Shipkevich PLLC, who recently hosted this webinar to discuss a post-election overview of the regulatory state of the debt settlement...more
Felix Shipkevich and Yvonne Bowser-Caballero of Shipkevich PLLC, with special guest Nicholas Kosmas, Chief Legal Officer of ClearOne Advantage LLC, will host a webinar to discuss a post-election overview of the regulatory...more
12/4/2024
/ Consumer Financial Protection Bureau (CFPB) ,
Debt Settlement Services ,
Debt-Relief Industry ,
Debtors ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Regulatory Agencies ,
Rulemaking Process ,
State Attorneys General ,
Trump Administration ,
Webinars
The Colorado Uniform Debt Management Services Act (DMSA) regulates companies that offer and provide debt management services to Colorado residents. Under Colorado law, debt management services providers include providers of...more
The ink is barely dry on the California Department of Financial Protection and Innovation’s (“DFPI” or the “Department”) newly approved regulation package PRO 01-21, and DFPI has already begun to take steps to implement...more
10/30/2024
/ California ,
California Consumer Financial Protection Law (CCFPL) ,
Comment Period ,
Consumer Financial Products ,
Department of Financial Protection and Innovation (DFPI) ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
New Regulations ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements
On October 11, 2024, the California Department of Financial Protection and Innovation (DFPI) approved regulations submitted to the California Office of Administrative Law (OAL) under its authority granted by the California...more
As of August 9, 2024, Illinois joins Maryland, South Dakota, Wisconsin, Kansas, Maine, Vermont, South Carolina, Missouri, and Connecticut as the latest state this year to have enacted legislation or regulations stemming from...more
The Federal Trade Commission (FTC) issued a new Final Rule (the “Rule”) on Wednesday, August 14, 2024, targeting unfair and deceptive acts or practices specifically related to consumer reviews and testimonials, allowing the...more
8/19/2024
/ Artificial Intelligence ,
Civil Monetary Penalty ,
Compliance ,
Endorsements ,
Fake Reviews ,
False Advertising ,
Federal Trade Commission (FTC) ,
Misleading Statements ,
New Rules ,
Online Reviews ,
Regulatory Agenda ,
Social Media ,
Testimonial Statements ,
Transparency ,
Unfair or Deceptive Trade Practices ,
User-Generated Content
Colorado bankruptcy trustees have recently been increasing their focus on debt settlement companies and attorneys alleged to be performing services in violation of the Colorado Uniform Debt-Management Services Act (“CUDMSA”...more
In a continuing trend across U.S. states, Vermont and Pennsylvania have shown their intent to establish more oversight over the digital currency sector. New legislative amendments to Vermont’s financial services laws include...more
The Association of the Bar of the City of New York (“NY City Bar”), through its Committee on Professional Ethics (the “Committee”), has unveiled Formal Opinion 2024-4 (the “Opinion”), addressing the nuanced and evolving...more
The Telephone Consumer Protection Act (TCPA) landscape continues to evolve as new legislation is implemented and courts across various jurisdictions grapple with complex issues regarding standing, agency, and consent. This...more
7/17/2024
/ Article III ,
Auto-Dialed Calls ,
Automated Systems ,
Corporate Counsel ,
Dismissals ,
Do Not Call List ,
Enforcement ,
FCC ,
Lead Generators ,
New Legislation ,
Standing ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Written Consent
In two landmark decisions during the last week of June 2024, SEC v. Jarkesy et al. (“Jarkesy”) and Loper Bright Enterprises et al. v. Raimondo (“Loper”), the Supreme Court has shown its intent to intensify its scrutiny over...more
The CFPB has issued a final rule to provide transparency and track certain covered nonbank offenders. On June 3, 2024, the CFPB introduced a significant regulatory measure known as the Registry of Nonbank Covered Persons...more
6/10/2024
/ Compliance ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Covered Entities ,
Dodd-Frank ,
Final Rules ,
Financial Services Industry ,
Non-Bank Lenders ,
Registration Requirement ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Repeat Violations ,
Reporting Requirements
On May 15, 2024, the 2nd Circuit Court of Appeals dismissed a class action lawsuit against Subway for alleged Telephone Consumer Protection Act (“TCPA”) violations. See Soliman v. Subway Franchisee Advert. Fund Tr., LTD. The...more
In another move highlighting the Consumer Financial Protection Bureau's (the “Bureau” or “CFPB”) continued focus on the payments space, the CFPB has issued a new report finding consumers are encountering numerous problems...more
5/14/2024
/ Banking Sector ,
Borrowers ,
Consumer Financial Protection Bureau (CFPB) ,
Consumers ,
Credit Cards ,
Creditors ,
Financial Services Industry ,
Non-Bank Lenders ,
Proposed Rules ,
Regulation E ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Rewards Programs
The recent Federal Trade Commission (FTC) vote to ban most non-competes has unveiled a surprisingly bold agenda less than six months out from a U.S. presential election. The FTC’s 3-2 vote was down party lines, with Democrats...more
4/25/2024
/ Department of Labor (DOL) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
For-Profit Corporations ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Presidential Elections ,
Restrictive Covenants
Elections are looming around the corner for President Biden, which means it’s time to show results. In an effort to make an impact, the Consumer Financial Protection Bureau (“CFPB”) is making strides in the consumer credit...more
On March 4, 2024, a federal trial court in New York immediately banned a slew of debt relief service providers from charging and/or collecting any advance fees for debt relief services, finding that the defendant’s initial...more
3/8/2024
/ Debt Relief ,
Debt-Relief Industry ,
Evidentiary Hearings ,
Face-to-Face Narrative Requirement ,
Fees ,
Independent Contractors ,
New York ,
Orders of Prohibition ,
Public Notaries ,
State Bans ,
Telemarketing Sales Rule ,
Trial Court Orders
On February 6, 2024, the Federal Trade Commission (“FTC”) filed two proposed stipulated orders with a California federal court to permanently ban student debt relief companies as well as their individual operators. The...more
2/7/2024
/ California ,
Consumer Financial Products ,
Debt Relief ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fees ,
Fraud ,
Fraudulent Marketing ,
FTC Act ,
Loan Forgiveness ,
Student Loans ,
Telemarketing Sales Rule ,
Unfair or Deceptive Trade Practices
In recent weeks, we have seen an increase in prosecution by the Consumer Financial Protection Bureau (“CFPB”) and state attorneys general against debt relief companies and law firms. Additionally, the focus on these debt...more
On January 24, 2024, the Consumer Financial Protection Bureau (“CFPB”) proposed a new rule, which would expand its crackdown on junk fees. In February 2023, almost a year ago, we wrote about the CFPB’s initial effort to curb...more
Summary of New Jersey Senate Bill No. 2989 - In September 2022, we provided a regulatory update about the then-recently proposed New Jersey Senate Bill No. 2989 (“NJ S.B. 2989”) entitled, “Makes certain for-profit debt...more