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Indian Law & Policy Update, November 2020

With former Vice President Joe Biden winning the 2020 presidential election and Republicans poised to maintain control of the Senate, the American Indian Law & Policy Group looks ahead to 2021 and beyond to see how this...more

SBA Begins Issuing Loan Necessity Questionnaires to Certain PPP Borrowers

Last week, the Small Business Administration (SBA) began asking SBA Paycheck Protection Program (PPP) lenders to issue over 50,000 loan necessity questionnaires to borrowers that received $2 million or more in funds from the...more

High Court’s Seila Law Decision Disappoints

On June 29, 2020, in Seila Law v. Consumer Financial Protection Bureau (CFPB), a divided Supreme Court held that the statute that created the CFPB is unconstitutional because it did not vest enough powers with elected...more

Consumer Credit and Coronavirus – What Lenders and Collectors Need to Know

Many companies in the consumer credit industry have quickly responded to the coronavirus pandemic and its impact to their borrowers. As lenders, collectors and debt buyers think about how to provide meaningful relief while...more

California's New Data Privacy Law Has National Reach

This month marks the start of a new year, a new decade, and a new era for data privacy in the United States. Companies nationwide are either scrambling to comply with the California Consumer Privacy Act (CCPA) or wondering if...more

[Webinar] Navigating the Era of Increased State Attorney General Enforcement - October 17th, 5:00pm MST

A recent report by Good Jobs First found that companies have paid over $105 billion in state attorney general enforcement actions since 2000. Learn about how state attorneys general work with each other and their federal...more

Brownstein Attorneys Advise on Updates to 40-Year-Old FDCPA

On Tuesday evening, Sept. 17, ACA International filed a 155-page comment to the Consumer Financial Protection Bureau’s (“Bureau”) proposed debt collection rule. The comment advocates for consumers, creditors and a stable U.S....more

CFPB and FCC Disconnect: Debt Collection and Call Blocking

On May 21, the CFPB published its long-awaited proposed rule on debt collection practices (“Proposed Rule”) in large part to address application of the Fair Debt Collection Practices Act (“FDCPA”) to modern collection issues....more

Colorado Bill Significantly Broadens Scope of the Consumer Protection Act

Eliminates ‘Significant Public Impact’ Requirement - With legislation proposed last week, Colorado is poised to go from having one of the more conservative consumer protection acts in the county to potentially having one...more

United States Supreme Court: Foreclosure Law Firms Likely Exempt from Federal Fair Debt Law

On March 20, 2019, the United States Supreme Court held that a foreclosure law firm principally involved in conducting nonjudicial foreclosures (such as Colorado’s foreclosure process) is not covered by the federal Fair Debt...more

Judge: The CFTC Has Authority to Regulate All Cryptocurrencies as Commodities

On Sept. 26, 2018, Judge Rya Zobel, of the United States District Court of Massachusetts, held for the purposes of ruling on a pretrial motion that all crypto or virtual currencies are “commodities,” regardless of whether the...more

Three Notable Developments for Cryptocurrency Firms Portend Future Regulatory Enforcement Actions

The price of bitcoin is down nearly 80 percent since January 2018. Many other cryptocurrencies are down with it and investors are bearish about the future of digital assets. Atop such industry concerns, three recent...more

DOJ Issues Much Anticipated Cyber-Digital Task Force Report

This week, the U.S. Department of Justice (DOJ) released a much-anticipated report from its Cyber-Digital Task Force. The task force was formed by Attorney General Jeff Sessions in February of 2018 with the goal of addressing...more

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