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


Featured Posts/Client Alerts

March 6 – Troutman Pepper Weekly Consumer Financial Services Newsletter

March 14 – Troutman Pepper Weekly Consumer Financial Services Newsletter

March 21 – Troutman Pepper Weekly Consumer Financial Services Newsletter

March 28 – Troutman Pepper Weekly Consumer Financial Services Newsletter


Auto Finance

CFPB Continues War on Fees in its Special Edition Supervisory Highlights

FTC Issues Report on Consumer Issues Affecting American Indian and Alaska Native Populations

Indiana AG Settles with Company over Allegedly Providing Unfair and Deceptive Personal Loans to Finance Auto Purchases

FTC Reaches Settlement Banning Three Companies From Extended Automobile Warranty Industry

Amendments to Banking Statutes Sent to Connecticut Senate


Background Screening

CFPB Seeks Public Feedback About Data Brokers to Inform FCRA Rulemaking

FTC Orders Small Business Credit Reporting Companies to Disclose Information About Industry


Banking

FinCEN Warns of Surging Check Fraud

DOJ’s Combatting Redlining Initiative Continues With $9 Million Settlement With Park National Bank

New Wyoming Bill Requires Licensure for Debt-Buyers

Federal Agencies Take Unprecedented Action to Strengthen Public Confidence in Banking System


Bankruptcy

FinCEN Warns of Surging Check Fraud

DOJ’s Combatting Redlining Initiative Continues With $9 Million Settlement With Park National Bank

New Wyoming Bill Requires Licensure for Debt-Buyers

Federal Agencies Take Unprecedented Action to Strengthen Public Confidence in Banking System


Class Actions

Take Two: En Banc Eleventh Circuit to Address Whether a Single Text Message Can Confer Standing Under TCPA

Pennsylvania Federal Court Certifies TCPA Class Finding Common Question in Determining Existing Business Relationship


Consumer Financial Protection Bureau (CFPB)

CFPB Issues Analysis on Consumers of Buy Now, Pay Later Products

CFPB Takes Aim at Fees and Customer Service Issues for Prepaid Cards that Deliver Public Assistance Benefits

House Republicans Consider Proposals to Reform CFPB; Criticize Agency’s War on Fees

Creditors and Employers Beware: CFPB Amends Model Background Check Form and Adverse Action Language

CFPB Bans Lender From Mortgage Lending Industry

Second Circuit Upholds CFPB’s Funding Structure

CFPB Determines States’ Commercial Financing Disclosure Laws Are Not Preempted by TILA

Credit Card Late Fee Rule Published in Federal Register and Open for Comments

It’s Here: CFPB Issues Final Rule Under Section 1071


Credit Reporting + Data Brokers

Double Reporting Leads to Denial of Summary Judgment in Illinois FCRA Case


Cryptocurrency + Fintech

NY AG Sues Digital Asset Exchange CoinEx for Failing to Register as Broker-Dealer

New Mexico APR and Excluded Charges Rule Becomes Effective


Debt Buyers + Collectors

California Federal Court Partially Denies Motion for Judgment on the Pleadings in FDCPA and TCPA Case Over Collection Texts

Massachusetts AG Settles with Home Security Company over Allegedly Unfair Automatic Renewal Contracts, Improper Charges, and Debt Collection Violations

Sixth Circuit Affirms Summary Judgment Finding Defendant Not a “Debt Collector” Under the FDCPA Where Account Was Not in Default When Transferred

Federal District Court Dismisses Plaintiff’s FDCPA and FCCPA Action as Time-Barred — Holds Subsequent Filings Made in Foreclosure Action Did Not Toll the Statutes of Limitation


Fair Lending

HUD Announces Restoration of 2013 Version of “Discriminatory Effects” Rule

Federal Magistrate Judge Orders CFPB to Produce Employees for Depositions in Citizens Bank Lawsuit


FDCPA

House Introduces Bill To Amend FDCPA To Set A Two-Year Limitation Before Collecting On Medical Debts


Federal Trade Commission (FTC)

FTC Advances Negative Option Rulemaking Agenda, Eyeing Broader Regulation of Subscriptions and Automatic Renewals


Mortgage Lending

NY Court of Appeals Clarifies 90-Day Foreclosure Notice Issues In New York

Arizona Court of Appeals Narrows Statute of Limitations Application


Online Lending

Missouri State Senator Reintroduces Commercial Financing Disclosure Bill


Regulatory Enforcement + Compliance

Illinois Becomes Latest State to Introduce Small Business Truth in Lending Act

California Publishes Notice of Second Modifications to Proposed Rulemaking Regulating Student Loan Servicing

Florida Joins States Racing to Impose Disclosure Requirements on Small Business Financing Transactions

The State of Wilderness Therapy Program Exclusions in ERISA Health Plans

FCC Cracks Down on Texting Scams and Robocalls


TCPA

New York Federal Court Partially Denies MSJ in TCPA Case Finding Possession of Cell Number Does Not Prove Consent


Podcasts

Crypto Year in Review 2022: State-Level Regulatory Developments in the Digital Asset Market

Crypto Year in Review 2022: Crypto Enforcement and the U.S. Treasury

Illinois Federal Court Dismisses CFPB’s First Redlining Case, Holding ECOA Doesn’t Extend to Prospective Applicants

Autorenewals

Autorenewals Crossover Episode with The Crypto Exchange

New Trends in How the CFPB Gathers Information