News & Analysis as of

Excessive Fees Financial Services Industry

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Affiliated plan providers of big plans get slaughtered

Following a jury’s decision to award over $38 million to a class of more than 26,000 participants in Pentegra’s multiple employer plan, the issue of working with providers affiliated with the plan sponsor highlights the...more

Carlton Fields

Considerations for Plan Sponsors in the Wake of Cunningham v. Cornell

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Excessive fee cases against plans governed by the Employee Retirement Income Security Act (ERISA) have been on the rise for the last decade. ERISA litigation is expanding with novel theories such as forfeiture litigation....more

Brownstein Hyatt Farber Schreck

CFPB Finalizes Controversial Overdraft Overhaul

On Dec. 12, the Consumer Financial Protection Bureau (CFPB) finalized a controversial rulemaking that would fundamentally alter how banks and credit unions offer overdraft services. The proposed rule was issued in January...more

McGlinchey Stafford

“Junk Fee” Revolution Continues: FTC Prohibits “Junk Fees” in Live-Event Ticketing and Short-Term Lodging Industries

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Yesterday, the Federal Trade Commission (FTC) finalized its “Rule on Unfair or Deceptive Fees” (Junk Fees Rule) designed, the FTC noted, to prohibit bait-and-switch pricing and mandate clear and conspicuous price disclosures...more

Brownstein Hyatt Farber Schreck

FTC Concludes its "Junk Fee" Crackdown

On Dec. 17, the Federal Trade Commission (FTC) issued a final rule to limit certain industries’ use of so- called “junk fees,” concluding a rulemaking process that began in 2022 and ultimately drew over 72,000 public...more

Foodman CPAs & Advisors

OIC Mills Take Advantage of Taxpayers

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On 9/19/24, the IRS issued a warning to taxpayers regarding OIC (Offer in Compromise) Mills that are taking advantage of taxpayers. OIC Mills promoters claim that their services are necessary to resolve taxpayer unpaid taxes...more

Goodwin

CFPB Enters Into $95 Million Consent Order with Credit Union to Resolve Allegations of Improper Overdraft Fee Practices

Goodwin on

​On November 7, 2024, the CFPB ann​ounced​​ that it had entered into​ a consent order with a major credit union​​ resolving ​allegations that the credit union improperly assessed overdraft fees against consumers​​. The credit...more

Nutter McClennen & Fish LLP

Nutter Bank Report: August 2024

CFPB Issues Filing Instructions Guide for Small Business Lending Data - The CFPB has published instructions for banks and other covered financial institutions to submit small business lending data that is required to be...more

Troutman Pepper Locke

Class Action Alleging Usurious Fees and Tips Filed Against FinTech Provider of Earned Wage Access Services

Troutman Pepper Locke on

A proposed class action lawsuit has been filed in the U.S. District Court for the Northern District of California against EarnIn, a FinTech provider of Earned Wage Access services, alleging that its optional fees and tips...more

Holland & Knight LLP

The FTC and Connecticut Join Forces for Action Against Nissan Dealer

Holland & Knight LLP on

In this episode of his "Clearly Conspicuous" podcast series, "The FTC and Connecticut Join Forces for Action Against Nissan Dealer," consumer protection attorney Anthony DiResta discusses a recent action taken by the Federal...more

Husch Blackwell LLP

CFPB Crusade Continues: Mortgage Servicers and "Junk Fees"

Husch Blackwell LLP on

Continuing its vigorous effort to eliminate so-called “junk fees,” and detailing other problematic mortgage servicer activities, the Consumer Financial Protection Bureau (CFPB) recently released its Spring 2024 Supervisory...more

Sheppard Mullin Richter & Hampton LLP

CFPB Announces Update in Continued War on Mortgage Servicing Junk Fees

On April 24, the CFPB released its latest edition of Supervisory Highlights detailing the agency’s actions taken to combat “junk fees” it alleges are charged by mortgage servicers. This spotlight on fees in mortgage servicing...more

McGlinchey Stafford

CFPB Supervisory Highlights Reflect Continued Emphasis on “Junk Fees”

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On April 24, 2024, the Consumer Financial Protection Bureau (CFPB) released the latest edition of its Supervisory Highlights, this time targeting so-called “junk fees” in the mortgage servicing industry. According to the...more

Davis Wright Tremaine LLP

March 2024 UDAAP Bulletin

Editor's Note The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau, the Federal Trade Commission,...more

Goodwin

The CFPB’s “Junk Fees” Initiative: Recent Developments and Trends

Goodwin on

The term “junk fee” is not defined under federal law, but the CFPB has focused on factors such as whether the fee would be unexpected to or take advantage of a reasonable consumer, the amount of the fee compared to the cost...more

Troutman Pepper Locke

An In-Depth Analysis of the CFPB’s Proposed Overdraft Rule - The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, Chris Willis and Josh McBeain discuss the Consumer Financial Protection Bureau’s (CFPB) proposed rule on overdraft fees. The rule, which only applies to large financial...more

Goodwin

2023 Year in Review: Credit, Debit, or Prepaid Cards and Consumer Banking

Goodwin on

Welcome to the Credit, Debit, or Prepaid Cards and Consumer Banking chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - We expect continued focus by the CFPB on “junk”...more

Goodwin

CFPB Announces New Proposed Rule to Target Junk Fees

Goodwin on

On January 24, 2024, the Consumer Financial Protection Bureau (CFPB) announced a new proposed rule as part of the CFPB’s broader strategy of targeting junk fees. This proposed rule would “prohibit non-sufficient funds (NSF)...more

Hudson Cook, LLP

CFPB Bites of the Month - 2023 Annual Review - Auto

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In this article, we share a timeline of our monthly "bites" for 2023 applicable to the auto finance industry. We think it's safe to say that the auto finance industry was top of mind to the CFPB. ...more

Hudson Cook, LLP

CFPB Bites of the Month - January 2024 - A Hazy Shade of Winter With the CFPB

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In this month's article, we share some of our top "bites" for the prior and current month covered during the January 2024 webinar....more

Womble Bond Dickinson

Junk Fees: Regulatory and Litigation Activity in 2023 and Beyond

Womble Bond Dickinson on

Consumer financial service providers and depository institutions are no strangers to attacks on fees charged to consumers while servicing a loan or account. Regulatory action and litigation have long targeted these fees....more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: The Biden Admin “Junk Fees” Initiative Continues: What the Latest Actions Mean for the...

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This two-part podcast repurposes our most recent webinar on the latest salvo of actions in the Biden Administration’s initiative directed at combatting so-called “junk fees.” Launched in January 2022, the initiative shows no...more

Wiley Rein LLP

Wiley Consumer Protection Download (November 13, 2023)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

McGlinchey Stafford

Junk Fee Supervisory and Enforcement Activity Targets Auto Servicers

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For almost two years, the Consumer Financial Protection Bureau (CFPB) has made combating so-called junk fees an agency priority, bringing multiple enforcement actions, undertaking supervisory activity, and collaborating with...more

BakerHostetler

What You Gonna Do With All That Junk (Fees)?

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In his State of the Union address this February, President Joe Biden promised to crack down on junk fees. The Federal Trade Commission (FTC) made good on that promise in short order on Oct. 11, announcing a proposed rule to...more

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