We have posted several new topics to the Consumer Financial Services Law Monitor blog throughout the month of January. To read further, click on the titles below:


Featured Posts/Client Alerts

January 3 – Troutman Pepper Weekly Consumer Financial Services Newsletter

January 10 – Troutman Pepper Weekly Consumer Financial Services Newsletter

January 17 – Troutman Pepper Weekly Consumer Financial Services Newsletter

January 23 – Troutman Pepper Weekly Consumer Financial Services Newsletter

January 30 – Troutman Pepper Weekly Consumer Financial Services Newsletter


Auto Finance

Colorado AG Announces Two More Settlements in GAP Refund Cases


Banking

Federal Banking Regulators Warn Against Crypto Risks

The CFPB Issues Its 2022 Fall Rulemaking Agenda

Federal Regulators Jointly Release New FDCPA Examination Procedures

Legislation Introduced that Would Establish Federal Regulatory Framework for Payment Stablecoins

DOJ Reaches Largest Ever Redlining Settlement with Los Angeles-based Bank

Banking Groups Warn CFPB of Adverse Impact on Small Banks of Proposed Elimination of Late Fee Safe Harbor, Request SBREFA Panel

Fed Declares Supervised Banks Will be Subject to Activity Limitations, Including Crypto-Asset and Other Novel Banking Activities

Public Comments on the CFPB’s Proposed Section 1033 Data Access Rule


Class Action

Ramirez Case Reaches Final Approval of Class Settlement

California Federal Court Denies Class Certification for Inadequate Plaintiff


Consumer Financial Protection Bureau (CFPB)

CFPB Reports on Consumer Reporting Complaints and Responses

DOJ Provides Settlement Update with Meta Over Allegedly Discriminatory Housing Advertising Practices

CFPB Moves Forward With Proposed Rule Establishing Public Registry of Terms and Conditions in Form Contracts

CFPB Settles Pending “Meaningful Attorney Involvement” Lawsuit

Community Financial Services Association of America Files Opposition to Certiorari and Cross Petition for Certiorari

CFPB Deputy Director Highlights Priority of Combatting Appraisal Bias

Arizona AG Concludes Non-Recourse, No-Interest Earned Wage Access Products Are Not “Consumer Lender Loans” Requiring a License

CFPB Issues Guidance on “Negative Option” Subscription Services

CFPB Seeks Public Comment on the Credit Card Market

California AG Agrees with CFPB’s Preliminary Preemption Determination, Urges Bureau to Further Narrow TILA Preemption


COVID-19

U.S. House Bill Proposes Excluding Pandemic Evictions From Consumer Reports


Credit Reporting + Data Brokers

Second Circuit Holds No FCRA Violation When Dischargeability of Debt is a Legal Question


Cryptocurrency

Not Your Keys, Not Your Coin: Bankruptcy Court Looks to Contract Law to Determine Consumer Interest-Bearing Crypto Deposits Belong to Celsius’ Bankruptcy Estate


Debt Buyers + Collectors

No License? No Standing! District Court Dismisses FDCPA Suit Against Unlicensed Debt Collector For Lack Of Standing

Court Finds Letter to Debtor is Not a Debt-Collection Communication Under the FDCPA

Ninth Circuit Affirms Bankruptcy Court’s Decision that Applicable Homestead Exemption is the One in Effect at the Time of the Bankruptcy Filing

Third Circuit Affirms Dismissal of FDCPA Claim Arising from State Court Clerical Error

FCC Issues Mixed-Bag Amended TCPA Exemptions Order

The Wait is Over: New York Department of Financial Services Releases Debt Collection Rule Amendments

Ninth Circuit Bankruptcy Appellate Panel Disallows Claim Finding Supporting Documentation Insufficient Under State Law

Illinois Federal Court Dismisses FDCPA Claim for Lack of Article III Standing


Fair Lending

NJ Attorney General Reaches Settlement With Merchant Cash Advance Company Over Alleged Unfair and Deceptive Practices

New York Enacts Law Protecting Individuals from Discrimination Based on Citizenship or Immigration Status


FCRA

NJ Attorney General Reaches Settlement With Merchant Cash Advance Company Over Alleged Unfair and Deceptive Practices

New York Enacts Law Protecting Individuals from Discrimination Based on Citizenship or Immigration Status


FDCPA

Lack of Notice of Bankruptcy Filing Proves Fatal to FDCPA Claim


Mortgage Lending

New York Enacts Foreclosure Abuse Prevention Act

DOJ Releases Guidance for Discharging Federal Student Loan Debt in Bankruptcy


Online Lending

New Mexico Enacts 36% APR Cap on Loans of $10,000 or Less


Privacy + Cyber

Introducing Our Incident Response Interactive Map


Regulatory Enforcement + Compliance

Dental Plan Provider Petitions FCC for Clarification Regarding Renewal Calls

Tenth Circuit to Decide Case that Could Substantially Change Health Plan Denial Letters


TCPA

Ninth Circuit Remand of $925M TCPA Class Award Offers Possible Ceiling on Damages

Second Circuit Affirms Dismissal of TCPA Case for Failure to Plead Use of an ATDS


Podcasts

Evaluating Fraud Under the Bank Secrecy Act

A Sneak Peek in the Consumer Financial Services Year in Review and a Look Ahead

Settlement Agreement Update Between the DOJ and Meta

CFPB’s Involvement in Tenant Screening