News & Analysis as of

California Financial Institutions

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit sides with credit union after finding NCUA regulations preempted California state law

On August 1, the U.S. Court of Appeals for the 9th Circuit affirmed the dismissal of claims under California’s Unfair Competition Law (UCL) against a federal credit union, holding that federal law preempts state regulation of...more

Troutman Pepper Locke

Preemption Win for Federal Credit Union in the Ninth Circuit on Bounced Check Fee Claims

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In a significant ruling, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a consumer’s state law claims against a federal credit union on federal preemption grounds. The putative class action...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 15, 2025)

Wiley Rein LLP on

FTC Sends Warning Letters Regarding Potential Noncompliance With “Made in USA” Requirements. On July 8, the FTC sent letters to a flagpole retailer, footwear maker, football equipment company, and personal care products...more

Mintz

California Issues Additional Guidance Concerning Mandatory Climate Disclosures

Mintz on

Last week, the California Air Resources Board ("CARB")--the agency responsible for implementing California's mandatory climate disclosures--issued additional guidance concerning these regulations. Significantly, although...more

Eversheds Sutherland (US) LLP

Eight-figure CIPA settlement underscores importance of telemarketing compliance

On May 13, 2025, a $19.5 million settlement of a California Invasion of Privacy Act (CIPA) class action against a major financial institution and its telemarketing vendor moved one step closer to final approval. The...more

Pillsbury Winthrop Shaw Pittman LLP

California Governor Releases 2025 Budget Proposal to Move Banks and Financial Corporations to Single-Sales-Factor Apportionment

The proposal includes a shift to a single-sales-factor apportionment formula for financial institutions, aiming to increase tax revenue starting in tax year 2025. Update: On May 14, 2025, Governor Newsom released the May...more

Orrick, Herrington & Sutcliffe LLP

OCC releases May 2025 enforcement actions

On May 15, the OCC announced enforcement actions against two banks and three institution-affiliated parties. The OCC issued cease and desist orders to banks in Miami, as well as Beverly Hills, California, respectively, for...more

Davis Wright Tremaine LLP

Previewing Consumer Financial Enforcement in California During the Second Trump Administration

During the first Trump Administration, in response to federal financial agencies adopting a deregulatory approach, several states became more active in the enforcement of consumer financial statutes and regulations to fill...more

Allen Matkins

Ninth Circuit Upholds DFPI's Commercial Financing Disclosure Rules

Allen Matkins on

On September 30, 2018, California enacted SB 1235, codified at California Financial Codes sections 22800–22805. SB 1235 requires that an offer of commercial financing for $500,000 or less be accompanied by disclosures of: (1)...more

Greenberg Glusker LLP

Paper Problems: BPS in Thermal Receipts Triggers Prop. 65 NOVs

Greenberg Glusker LLP on

California shoppers might be getting more than just a receipt at checkout — they may also be exposed to a toxic chemical, according to Proposition 65 (“Prop. 65”) enforcer Center for Environmental Health (CEH) represented by...more

Troutman Pepper Locke

California Introduces Legislation to Fill the Void of Federal Consumer Protection Regulations

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As federal agencies pull back on consumer protection regulations under the Trump administration, California is stepping up to fill the void. This shift was forecasted in January, when the Consumer Financial Protection Bureau...more

Orrick, Herrington & Sutcliffe LLP

California Senate advances bill to expand DFPI authority

On April 2, the California Senate Banking and Financial Institutions Committee voted to move forward with legislation that would expand the DFPI’s powers to oversee businesses traditionally governed by the CFPB. The bill, SB...more

Moore & Van Allen PLLC

The Desk: April Edition

March is over and all of our brackets are busted. We hope you have been enjoying, Moore & Van Allen’s very own, Jay Bilas’ coverage on ESPN. In this month’s newsletter we will walk you through the CFTC’s continued updates on...more

Allen Matkins

Faeneratores Caveant! The Ides Of March Are Nigh!

Allen Matkins on

For lenders in California, the Ides of March of March is a date worth calendaring....more

Allen Matkins

What Doesn't The DFPI Regulate?

Allen Matkins on

In the mid 1990s, I had the privilege of serving as Commissioner of Corporations for the State of California.  At that time, the DOC was known as a tough securities regulator.  However, the times they were a changin'.  In...more

Allen Matkins

New Leader At The California Department Of Financial Protection & Innovation

Allen Matkins on

Last month, Governor Gavin Newsom appointed Khalil “KC” Mohseni, as Commissioner of the California Department of Financial Protection and Innovation.  Commissioner Mohseni is not an entirely new to the DFPI.  He served as...more

Orrick, Herrington & Sutcliffe LLP

California’s Governor Newsom appoints Mohseni as DFPI Commissioner

Recently, California Governor Gavin Newsom appointed Khalil “KC” Mohseni as the Commissioner of the California DFPI, following his role as Chief Deputy Director since 2023. Mohseni’s previous positions included Chief...more

Sheppard Mullin Richter & Hampton LLP

California Governor Appoints New DFPI Commissioner

On February 7, California Governor Gavin Newsom announced the appointment of Khalil “KC” Mohseni as the new Commissioner of the California Department of Financial Protection and Innovation (DFPI). Mohseni has been serving as...more

Mitchell, Williams, Selig, Gates & Woodyard,...

California Sustainable Insurance Strategy (SIS) Allows FAIR Plan Assessment Recoupment

The devastating wildfires in the Los Angeles region earlier this year have caused enormous financial strain on recovery mechanisms, such as the state insurer of last resort - the California FAIR (Fair Access to Insurance...more

Pillsbury Winthrop Shaw Pittman LLP

California Governor Releases 2025 Budget Proposal to Move Banks and Financial Corporations to Single-Sales-Factor Apportionment

The proposal includes a shift to a single-sales-factor apportionment for financial institutions, aiming to increase tax revenue starting in tax year 2025....more

Snell & Wilmer

Financial Institutions Heads Up: CA Legislation Pending and Potential Increasing Scrutiny

Snell & Wilmer on

In a week where the Office of the Comptroller of the Currency (OCC) has a new Acting Director, Rodney Hood, who will focus on a “balanced framework – one that fosters innovation, expands financial inclusion, and ensures all...more

Paul Hastings LLP

State Stablecoin Legislation

Paul Hastings LLP on

Stablecoins, which are digital assets pegged to fiat currency or other assets, play a crucial role in crypto markets, offering price stability and facilitating transactions. Despite their growing significance, there is no...more

Orrick, Herrington & Sutcliffe LLP

California DFPI mandates cybersecurity overhaul in credit union consent order

On February 4, the California DFPI announced a consent order issued against a credit union (respondent) following a significant cybersecurity breach. This breach, a ransomware attack, allegedly led to the shutdown of various...more

Orrick, Herrington & Sutcliffe LLP

California and federal financial regulatory agencies issue statement on California wildfires to guide financial institutions

On January 14, the DFPI, in collaboration with the FDIC, the Fed, the NCUA and the OCC (collectively, the “agencies”) issued a joint statement addressing the impact of the California wildfires and straight-line winds on...more

Orrick, Herrington & Sutcliffe LLP

California Governor announces mortgage relief for homeowners impacted by wildfires

On January 23, The Governor of California, Gavin Newsom, announced commitments from 270 state-chartered banks and one federally chartered institution, along with related support from credit unions and mortgage lenders, to...more

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