Category Archives: Financial Services/CFPB

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Consumer Financial Services Practice Digest

A circuit split regarding the SEC’s administrative law judges, an internal CFPB playbook and memo on their examination process, and a recent field hearing on small business lending are at the forefront of the May 18 edition of Venable’s Consumer Financial Services Digest. In this issue, we highlight the circuit split between the Tenth Circuit and the … Continue Reading

Consumer Finance Enforcement Activity in a New Administration

Members of Venable’s Consumer Financial Services Practice, along with Paula-Rose Stark, a former attorney at the CFPB, now with Chain Bridge Partners, LLC, ‎recently discussed the current and evolving state of federal and state consumer financial protection law and policy. They outlined what you and your company need to know about what’s ahead and shared their … Continue Reading

What’s Inside the CFPB Enforcement Policies and Procedures Manual 2.0

Despite facing significant legal challenges and a shifting political landscape, the Consumer Financial Protection Bureau (CFPB) is virtually unrestrained in its ability to launch investigations and threaten enforcement actions. We’ve obtained through a Freedom of Information Act (FOIA) request the most recent official CFPB Enforcement Policies and Procedures Manual Version 2.0. The Enforcement Policies and … Continue Reading

Consumer Financial Services Update

Business lending, negative option programs, and enterprise risk management are at the forefront of the April 13 edition of Venable’s Consumer Financial Services Digest. In this issue, we discuss CFPB Director Cordray’s recent appearance before Congress where he noted that the CFPB has started engaging in supervisory activity regarding small business lending.… Continue Reading

Consumer Financial Services Update

Consumer data, UDAAP, debt collection, and fintech licensing are at the forefront of the March 30 edition of Venable’s Consumer Financial Services Digest. In this issue, we discuss the importance of the Federal Trade Commission’s activities in the consumer finance world and the big changes on the horizon for credit reporting of public records data.… Continue Reading

Chairman Ohlhausen Announces a Whale of an Agenda for Consumer Protection

From the ABA Antitrust Section bi-annual Consumer Protection Conference in Atlanta, Acting FTC Chairman Maureen Ohlhausen made her first keynote address in her newly elevated roll. To the backdrop of playful beluga whales in the ballroom of the Atlanta Aquarium, she outlined three consumer protection priorities she will put in force during her time in … Continue Reading

What’s Next for Advertisers of Consumer Financial Services? Webinar: “Consumer Financial Services 2017 Outlook: Post-Inauguration Day Insights”

Advertisers and marketers of consumer financial services have been asking, “What’s next?” As the CFPB works its way through court challenges, and an evolving legal and political landscape unfolds, companies have been waiting for signs from the CFPB, Congress, and the President of what to expect in 2017. Members of Venable’s Consumer Financial Services Practice … Continue Reading

What Advertisers of Consumer Financial Services Need to Know About State Attorneys General – a Venable hosted Webinar

State attorneys general have become increasingly involved in consumer financial services investigations and enforcement, a trend that is expected to continue into the next presidential administration. Whether involving a single state attorney general or multiple attorneys general, investigations and litigation can lead to high costs, administrative burdens, distractions, and reputation damage. Often there may be … Continue Reading

Post-Election Consumer Financial Services Regulatory Landscape FAQs

Since the election, several questions have emerged about the near future of the consumer financial services federal regulatory landscape. We’ve gathered some of the most common questions below. The FAQs, based on input received from members of our consumer financial services team, are intended to help provide basic information to help place the results into … Continue Reading

CFPB Supervision and Enforcement: Thinking About Overlap

Thursday, October 27, 2016 2:00 p.m. – 3:00 p.m. ET A Venable LLP Webinar Since opening its doors, the Consumer Financial Protection Bureau has conducted dozens of examinations of banks and, for the first time for a federal regulator, non-bank financial services providers. As a result of this supervisory activity, the CFPB has ordered more … Continue Reading

Sweeping New Federal Regulations for the Prepaid Industry

Note: We have revised the description of the terms of the settlement in our recent blog post on the Carribean Cruise Line TCPA matter. Click here to read the corrected post. Having trouble sleeping and need something to read? Lucky for you the Consumer Financial Protection Bureau (the Bureau) recently released its 1700+ page final rule … Continue Reading

D.C. Circuit Addresses CFPB’s Constitutionality, RESPA Interpretation, and Statute of Limitations Issues in PHH Decision

The United States Court of Appeals for the D.C. Circuit today issued a highly anticipated decision in PHH Corp. v. CFPB (Case No. 15-1177). In a 110-page decision, the D.C. Circuit held that the CFPB’s structure as a single-director independent agency is unconstitutional. The decision on the constitutional issue, however, may have “important but limited … Continue Reading

A Look Inside the Official CFPB Enforcement Policies and Procedures Manual

Since its launch in 2011, the Consumer Financial Protection Bureau (CFPB or Bureau) has developed a reputation for its aggressive investigation and litigation tactics. The Bureau’s Enforcement Policies and Procedures Manual for its enforcement staff provides a peek behind the curtain at how CFPB enforcement actions unfold. Despite the CFPB’s push for transparency, a copy … Continue Reading

FTC Releases Staff Perspectives on Lead Generation

The staff of the Federal Trade Commission’s (FTC) Bureau of Consumer Protection released a much-anticipated paper on lead generation on September 15, 2016. The 13-page report provides staff perspectives on the information covered at the FTC’s October 2015 workshop on lead generation, “Follow the Lead.” Below are a few of the paper’s themes: The paper … Continue Reading

Marketplace Lending Under the FTC Microscope

FinTech remains a hot topic for government regulators. The Federal Trade Commission (FTC) threw its hat into the ring yesterday with a half-day discussion of marketplace lending and its implications for consumers. The forum included panels on the current state of marketplace lending, potential future consumer protection issues as the market evolves, and a presentation … Continue Reading

The CFPB’s Proposed Rule Will End Mandatory Arbitration Clauses

Any company that is regulated and examined by the Consumer Financial Protection Bureau (CFPB) knows how expansive the Bureau’s reach is. Despite challenges in the Congress and the courts, the CFPB is not slowing down. On May 5, 2016, the CFPB released a notice of proposed rulemaking that would ban consumer financial companies from using … Continue Reading

FinTech and Marketplace Lenders under Scrutiny

FinTech and marketplace lenders are fast realizing that the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and even state regulators are focused on their activities. Recent announcements that the CFPB is taking consumer complaints on marketplace lenders and has established an office of small business lending means that lenders and service providers should prepare for … Continue Reading

President Obama Encourages Use of Behavioral Science

President Obama appears to be taking a page out of the performance marketing handbook by signing an executive order promoting the use of behavioral science in federal government decision making and programs.  The New York Times ran an insightful opinion piece last weekend looking at President Obama’s endorsement of federal government agencies’ use of behavioral … Continue Reading

Understanding Federal and State AG Financial Services Enforcement Trends

Looking to avoid being caught in the crosshairs of increased scrutiny by the U.S. Department of Justice (DOJ), Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), federal banking regulators, and state Attorneys General? It’s no secret that consumer financial services providers and their vendors are being heavily scrutinized by federal and state enforcement agencies.  … Continue Reading

The FTC and CFPB are Coordinating, but How Closely?

The Federal Trade Commission (“FTC”) and Consumer Financial Protection Bureau (“CFPB”) have renewed their vow to continue to coordinate their activities and avoid duplication of federal law enforcement and regulatory efforts.  The FTC and CFPB have recently announced they reauthorized their ongoing Memorandum of Understanding (“MOU”), under the terms of the Consumer Financial Protection Act … Continue Reading

Who’s on First? The CFPB’s Recent Focus on First-Party Collections

Successful marketing leads to sales, but sometimes those sales don’t result in customers making timely payments.  When that happens merchants and lenders often try to recover the cost of goods sold or loans through collections.  But what are the risk for merchants seeking to collect outstanding payments?  A lot, apparently, if two recent Consumer Financial … Continue Reading

Compliance Trends for Online Marketers

Looking back 2014 was a year of increased government scrutiny and compliance obligations for lead generators and online marketers, and so, for 2015, advertisers will need to ramp up compliance.  Avoiding banned terms, better use of disclosures, and other web and contact center compliance enhancements – with at least some reports of 66% of website … Continue Reading
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