On Wednesday, February 1, 2023, the Consumer Financial Protection Bureau (CFPB) has proposed a new rule to curb excessive credit card late fees, which cost American families approximately $12 billion every year. The proposed...more
On Friday, January 27, 2023, the Federal Reserve Board announced a new policy statement aimed at ensuring all banks with a federal supervisor receive equal treatment, regardless of their deposit insurance status. The policy...more
1/31/2023
/ Anti-Money Laundering ,
Anti-Terrorism Financing ,
Banks ,
Consumer Protection Laws ,
Cryptoassets ,
Deposit Insurance ,
Federal Reserve ,
Internal Controls ,
Policy Statement ,
Risk Management ,
Stablecoins
On January 23, 2023, New York Department of Financial Services (DFS) released regulatory guidance to better protect customers in the event of virtual currency insolvency. The guidance is not binding, but rather persuasive...more
1/24/2023
/ Books & Records ,
Debtor-Creditor ,
Deceptively Misdescriptive ,
Digital Assets ,
Disclosure Requirements ,
Due Diligence ,
False Statements ,
Financial Services Industry ,
Insolvency ,
Licenses ,
Misleading Statements ,
New Guidance ,
New Regulations ,
NYDFS ,
Recordkeeping Requirements ,
Virtual Currency
On January 10, 2023 by the Michigan Department of Insurance and Financial Services (DIFS), issued an order regarding two companies, West Realm Shires Services, Inc. dba FTX US (“FTX US”) and FTX Lend Inc. Both companies are...more
1/18/2023
/ Administrative Procedure Act ,
Bankruptcy Court ,
Business Operations ,
Chapter 11 ,
Compliance ,
Cryptocurrency ,
License Renewals ,
License Suspensions ,
Licenses ,
Money Transmission Act ,
Money Transmitter ,
Virtual Currency
Louisiana has become the first state to follow New York's lead in issuing a crypto-specific license, accepting Louisiana Virtual Currency Business Activity (VCBA) license applications as of January 1, 2023. All entities...more
1/18/2023
/ Anti-Money Laundering ,
Civil Monetary Penalty ,
Crypto Exchanges ,
Cryptocurrency ,
Cybersecurity ,
Filing Deadlines ,
License Applications ,
Licenses ,
Louisiana ,
Money Transmitter ,
NYDFS ,
Regulatory Requirements ,
Virtual Currency
On January 11, 2023, the Consumer Financial Protection Bureau (CFPB) proposed a new rule to apparently shed light on the dark corners of the financial industry. The proposed rule would create a public registry of the fine...more
On January 4, 2023, the New York State Department of Financial Services issued a consent order against Coinbase, a virtual currency company. Pursuant to the consent order, Coinbase will be paying a $50 million penalty to the...more
1/6/2023
/ Coinbase ,
Compliance ,
Compliance Monitoring ,
Consent Order ,
Cybersecurity ,
Due Diligence ,
Financial Services Industry ,
Fraud ,
Money Laundering ,
Money Transmitter ,
Narcotics ,
New York ,
NYDFS ,
Settlement ,
Transaction Monitoring ,
Virtual Currency
On January 1, 2023, updates to virtual currency and money transmission laws went into effect.
Alaska:
Alaska's money transmission regulations have been amended to include virtual currency in the scope of money...more
The term “metaverse” first appeared in 1992 as an abstract concept in Neal Stephenson’s dystopian novel Snow Crash. Two decades later, the Metaverse has since evolved from a mere idea to a figment of everyday reality, as it...more
1/5/2023
/ Artificial Intelligence ,
Asset Transfer ,
Augmented Reality ,
Blockchain ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Digital Assets ,
E-Commerce ,
Espionage ,
Fraud ,
Hardware ,
Identity Theft ,
Intellectual Property Protection ,
Investment ,
Metaverse ,
Money Laundering ,
New Regulations ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Privacy Laws ,
Regulatory Oversight ,
Software ,
Tort ,
Virtual Reality
On December 12, 2022, the Consumer Financial Protection Bureau (CFPB) issued a proposed rule pursuant to its authority under the Consumer Financial Protection Act of 2010 (CFPA). This rule would require certain non-bank...more
12/14/2022
/ Compliance ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Credit Repair Services ,
Debt Management Companies ,
Debt-Relief Industry ,
Financial Adviser ,
Money Transfer ,
Non-Bank Lenders ,
Payment Systems ,
Proposed Rules ,
Reporting Requirements
On December 1, 2022, the New York Department of Financial Services (NYDFS) issued a press release regarding a proposed regulation that details how licensed virtual currency businesses would be assessed for supervision and...more
Summary of NY Legis 660 -
NY Legis 660 (proposed as AB 8319) is a recently approved amendment to Section 399-z of New York’s General Business Law that will impose additional disclosure requirements that telemarketers must...more
On November 22, 2022, the Consumer Financial Protection Bureau (CFPB) denied a petition by Nexo Financial LLC (“Nexo Financial”) to modify a Civil Investigative Demand (CID) issued on December 1 2021. In rendering its...more
On November 21, 2022, the U.S. District Court for the Middle District Of Tennessee granted the Federal Trade Commission's (FTC’s) ex parte motion for, among other relief, a temporary restraining order (“TRO”) to shut down an...more
12/1/2022
/ Debt Relief ,
Debt-Relief Industry ,
Enforcement Actions ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FTC Act ,
Regulatory Violations ,
Telemarketing ,
Telemarketing Sales Rule ,
TRO ,
Unfair or Deceptive Trade Practices
On November 21, 2022, the Federal Communications Commission (FCC) released a Declaratory Ruling and Order (“Order”) holding that ringless voicemails to wireless phones require consumer consent. The FCC further held that...more
On November 18, 2022, the United States District Court for the Northern District of California ruled that text messages sent by a “chatbot” do not constitute an artificial or prerecorded voice, per the federal Telephone...more
On November 15, 2022, the New York Attorney General’s Office released its Fall Round-Up (“Round-Up”) describing major actions and initiatives implemented by New York Attorney General Letitia James (“AG James”) since August...more
11/22/2022
/ Cease and Desist Orders ,
Crypto Exchanges ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
Enforcement Actions ,
Financial Fraud ,
Investment ,
Investor Protection ,
NY Supreme Court ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
State Attorneys General
On November 10, 2022, the Consumer Financial Protection Bureau (CFPB) released Consumer Financial Protection Circular 2022-07 (hereinafter, “the Circular”). The Circular resolves two issues for credit reporting agencies...more
On November 2, 2022, the U.S. District Court for the Middle District of Florida held, sua sponte, that a plaintiff did not have standing to bring a class action suit alleging a TCPA violation. The February 9, 2022 complaint...more
On November 10, 2022 the Consumer Financial Protection Bureau (CFPB) released a complaint bulletin (“bulletin”) that provides an analysis of consumer complaints the CFPB has received from October 2018 to September 2022...more
11/11/2022
/ Consumer Complaint Management ,
Consumer Complaint System ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptoassets ,
Cryptocurrency ,
Cybertheft ,
Financial Fraud ,
Financial Institutions ,
Financial Services Industry ,
Vulnerability Assessments
On October 26, 2022 the Consumer Financial Protection Bureau (“CFPB”) published Consumer Financial Protection Circular 2022-06. Circular 2022-06 asserts that the imposition of overdraft fees upon consumers by financial...more
On October 19, 2022, three judges in the Fifth Circuit Court of Appeals ruled that the funding mechanism of the Consumer Financial Protection Bureau (CFPB) is unconstitutional. Specifically, the court found CFPB’s receiving...more
10/25/2022
/ CFPB Director ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Federal Funding ,
Federal Reserve ,
Financial Services Industry ,
Non-Delegation Doctrine ,
Payday Lending Rule ,
Regulatory Agencies ,
Removal For-Cause ,
Rulemaking Process
September 2022 Action Clarifies Only Random Calls Trigger TCPA Violations — Not Mere Use of An Autodialer -
Mehl v. Green, et al. 2022 WL 4056269 (E.D. Cal. Sept. 2, 2022) - A law firm was recently sued after one of its...more
10/17/2022
/ Article III ,
ATDS ,
Auto-Dialed Calls ,
Consumer Privacy Rights ,
FCC ,
New Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
Robocalling ,
Standing ,
TCPA ,
Telecommunications
Florida’s July 1, 2021 Senate Bill 1120, commonly referred to as “Florida’s Mini TCPA,” amended the Florida Telemarketing Sales Act (FTSA). This Bill aims to crack down on telemarketing directed to Florida residents. The FTSA...more
With its inception by Congress in 1991, the federal Telephone Consumer Protection Act (TCPA) is an attempt by Congress to exert greater protection over consumers from receiving unsolicited telemarketing. The TCPA was signed...more