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  1. Services
  2. Consumer Financial Services

Insights on Consumer Financial Services

37 total results. Page 1 of 2.

AI Law Blog
Podcast: Looking Ahead to the Chopra and Biden CFPB
August 9, 2021

Consumer Financial Services Partner Jenny Lee recently spoke with American Banker reporter Kate Berry about key enforcement issues surrounding the newly led Consumer Financial Protection Bureau.

Blog
President Biden Issues Executive Order Encouraging CFPB To Act On 1033 Data Access and UDAAP
July 16, 2021

The US policy behind this mandate is consistent with the desire to encourage open banking standards, albeit in a more piecemeal fashion than what has already been done in the UK.

Events
Federal and State Government Tensions Over the 'Valid-When-Made' Doctrine and True Lender Issues
April 20, 2021

Join Arent Fox Partner Jenny Lee as she speaks at the ABA’s Business Law Virtual Spring Meeting.

United States Capitol Building
Alerts
Biden’s First 100 Days: Policy Changes & Your Industry
February 17, 2021
Mark A. Bloom, Lynn R. Fiorentino, David R. Hamill, David P. Grosso, Elliott M. Kroll, M. Scott Peeler, Andrew Ross, Julius A. Rousseau, III, D. Jacques Smith, Randall A. Brater, Henry Morris, Jr., Angela M. Santos, Stephanie Trunk

Arent Fox is monitoring policy changes by the Biden Administration to provide timely analysis on how they could impact your business.

Blog
Trump-Era CFPB Retrospective: Debunking the Myths and Looking Ahead to Biden
January 29, 2021

The Trump era of the last four years is regarded in the popular press as one of federal deregulation, and the Consumer Financial Protection Bureau, which will commemorate the eleventh anniversary of its founding later this year, was often viewed as no exception.

Real Estate Finance
Blog
New Federal Regulation of Financial Data: CFPB Issues Long-Awaited Notice of Proposed Rulemaking
November 20, 2020

The Consumer Financial Protection Bureau (Bureau or CFPB) has recently issued a formal proposal for a national regulatory standard governing companies’ handling of consumer data and their privacy rights with respect to financial data.

Blog
Fintech Podcast: Get Smart Quick Re: New Data Privacy Laws?
November 13, 2020

This week on The CardLinx Association’s Fin-Tech Friday Podcast, Arent Fox Partner Jenny Lee discusses how the major developments transpiring in financial data and privacy regulations will impact business.

News
CFPB Constitutionality at the Supreme Court: A Case Study on Agency Independence in a Pandemic in Seila Law
September 24, 2020

This article was originally published in The Banking Law Journal.

Blog
Waiting to Exhale: HEROES Act Opens Door for Cannabis Banking
May 15, 2020
Deborah DiVerdi Carlson

The new bill, which follows April 23, 2020 legislation aimed at opening COVID-19 emergency response funding to cannabis businesses, offers a previously unclear path forward for financial services to the cannabis industry by amending the current restrictive regulatory framework on banking.

Blog
No, a Pandemic Doesn’t Overturn the First Amendment: Massachusetts Enjoined From Banning Debt-Collection Calls or Lawsuits During COVID-19
May 8, 2020
Steven S. Broadley

On May 6, 2020, Judge Richard G. Stearns of the United States District Court for the District of Massachusetts put the brakes on an attempt by Massachusetts Attorney General Maura Healey to alter the relationship between collectors and consumer debtors during the COVID-19 pandemic. 

Blog
CFPB Constitutionality at the Supreme Court: A Case Study on Agency Independence in a Pandemic
April 30, 2020

It feels like only yesterday that we were discussing the seminal 2018 DC Circuit case, PHH Corp. v. CFPB, the first decision to uphold the constitutionality of the Consumer Financial Protection Bureau (CFPB or Bureau).

Blog
U.S. Supreme Court Case Demonstrates Trump Administration's CFPB Blessing
April 17, 2020

The case reveals the Trump administration’s express recognition of the importance of the bureau’s work and highlights the declining ability of companies to challenge bureau investigations on constitutional grounds.

Blog
Rapid-Fire Petition Denials by the CFPB: Unconstitutionality an Insufficient Basis to Stop Investigations
April 2, 2020

The result of such denials was not just academic; as a practical matter, they have paved the way forward for the Bureau to continue its investigatory work over the constitutional objections asserted by regulated entities. 

Blog
Consumer Financial Services COVID-19 Update—Breaking Developments
March 24, 2020

As the COVID-19 pandemic reaches further into all corners of the United States, a bevy of federal, state, and local emergency orders aimed at slowing the outbreak’s spread continues to impact an increasing number of industries and workers. 

United States Capitol Building
Blog
Payments From America, With Love: Industry and CFPB Approach to Amending the Remittance Rule
February 25, 2020

The Consumer Financial Protection Bureau (Bureau) seeks industry feedback and public comment on various aspects of the remittance rule (Rule), which implements Section 1073 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).

Real Estate Finance
Blog
California’s ‘Mini-CFPB’—Gov. Newsom’s Budget Proposal Forecasts Significant Expansion of Consumer Financial Services Oversight and Enforcement in the Golden State
February 18, 2020

California is poised to join the growing cadre of states enhancing their consumer financial protection functions in response to perceived decreasing federal oversight and enforcement under the Trump administration.

Blog
What Loan Servicers Must Know: How the CFPB’s 2020 Policy Statement on ‘Abusiveness’ Jibes with its Positions in Enforcement Cases
February 5, 2020

The Consumer Financial Protection Bureau (the Bureau) recently issued an official policy statement (Policy) that illuminates how the Bureau will apply the Dodd-Frank Wall Street Reform and Consumer Protection Act’s (Dodd-Frank Act) provision outlawing “abusive acts or practices.”

Events
Arent Fox Partner J.H. Jennifer Lee to Speak on FinTech Innovation at ABA Consumer Financial Services Conference
January 13, 2020

On January 19, 2020 from 11:15 am – 12:15 pm, Arent Fox Partner J.H. Jennifer Lee, will be moderating a panel at the 2020 ABA Consumer Financial Services Committee Winter Meeting titled, “Innovation: The CFPB’s No-Action Letters, Regulatory Sandboxes, and Trial Disclosure Policies.”

CFPB Feature Image
Blog
What CRAs Must Know: Important FAQs Regarding CFPB’s Recent Action for Employment Background Check Report Violations
December 12, 2019

On November 22, 2019, the Consumer Financial Protection Bureau (Bureau) filed a complaint and proposed stipulated judgment in federal district court in the Southern District of New York against Sterling Infosystems, Inc. (Sterling).

Blog
Study Shows Marked Increase in FCRA Cases, Downward Trend in Consumer Protection Litigation Overall
December 10, 2019

A recent 10-year study and report issued by Lex Machina has illuminated important federal court litigation trends in the consumer protection space.

Fashion Counsel
Store Cards, Layaway Programs, and Cash vs. Credit: What Retailers and Consumers Need to Know
December 6, 2019
Anthony V. Lupo

In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Practice Leader Anthony Lupo and Arent Fox Partner Jenny Lee discuss consumer finance issues related to the fashion and retail industries.

Blog
Damages Under Dodd-Frank: Federal Court Awards CFPB $59 Million in Unprecedented Penalties and Restitution Analysis
November 12, 2019

So much to say, so little time. Historically groundbreaking, a federal court in Madison, Wisconsin engaged in the most robust, methodical damages analysis under the Consumer Financial Protection Act, found in Title X of the Dodd-Frank Act, that had ever been undertaken in recent years.

Blog
Ain’t No Party Like an Anti-Discriminatory-Rule-Writing Party
November 7, 2019

The rulemaking also has the potential to address how the agency is to properly effectuate the purpose of the Dodd-Frank Act.

Blog
Could Supreme Court Review Undercut CFPB Enforcement?
October 29, 2019

Earlier this week, Bloomberg Law reported that courts have stayed CFPB litigation while they wait for a Supreme Court ruling on the bureau’s structure and those stays could reduce the CFPB’s leverage in enforcement matters.

Blog
A Common Thread in 2019 CFPB Enforcement Activity: Denials of Petitions to Set Aside CIDs
October 17, 2019

As promised, we return now to provide an overview of the CFPB’s petition activity for the year to-date. In addition to the Bank of America (BofA) petition denial we discussed last month, the CFPB has issued a series of decisions denying petitions to modify or set aside civil investigative demands.

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