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Kelley Barnaby

CFPB Issues Policy Statement on Dodd-Frank “Abusiveness” Standard, But Important Uncertainties Remain

February 21, 2020 By Kelley Barnaby, Nanci Weissgold and Ross Speier

A&B ABstract: The Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) issued a Policy Statement to provide a framework for how it intends to apply the Dodd-Frank Act’s “abusiveness” standard going forward in its supervision and enforcement activities. While this framework attempts to provide clarity where the Dodd-Frank Act left uncertain what acts and practices […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Dodd-Frank Act, Unfair, Deceptive and Abusive Acts or Practices (UDAAP) Tagged With: #CFPB, abusive, UDAAP

California Governor Moves to Strengthen State Consumer Protection Enforcement in 2020

January 24, 2020 By Kelley Barnaby and Lisa Lanham

A&B ABstract: On January 10, 2020, California Governor Gavin Newsom released his budget summary for 2020 to 2021. Fearing that the Trump administration will further roll back consumer financial protections, Gov. Newsom proposed the California Consumer Financial Protection Law, which would provide the state’s primary financial services regulator with additional authority to enforce consumer protection […]

Filed Under: California, Consumer Financial Protection Bureau (CFPB), Licensing, State Law Tagged With: #DBO, #mini-CFPB

Slaying the Monster? Reduced Risk of False Claims Act Prosecution for FHA Lenders

October 31, 2019 By Nanci Weissgold, Kelley Barnaby, Anoush Garakani and Sam Bragg

A&B Abstract:  In an effort to incent large depository institutions to return to FHA lending, the U.S. Department of Housing and Urban Development (“HUD”) and the U.S. Department of Justice (“DOJ”) entered into a Memorandum of Understanding (“MOU”), on October 28, 2019, that delineates HUD’s process for determining whether violations of FHA guidelines should be […]

Filed Under: HUD Tagged With: DOJ, False Claims Act, FCA, FHA, HUD

Supreme Court to Decide CFPB’s Constitutionality

October 22, 2019 By Nanci Weissgold, Kelley Barnaby, Sam Bragg, Anoush Garakani and Ross Speier

A&B ABstract: On October 18, 2019, the Supreme Court granted certiorari in Seila Law v. CFPB to decide the constitutionality of the Consumer Financial Protection Bureau’s leadership structure.[1]  Significantly, the Court also ordered the parties to brief and argue a second question: “If the Consumer Financial Protection Bureau [“CFPB”] is found unconstitutional on the basis […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Dodd-Frank Act, Supreme Court Decisions, Uncategorized Tagged With: #CFPB, BCFP, Consumer Financial Protection Bureau, Supreme Court

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