A&B Abstract: The Alston & Bird Consumer Finance team recognizes that this is a period of great uncertainty both for the nation and our clients. We have received numerous questions and concerns regarding what federal and state regulators are doing in light of the COVID-19 pandemic and how their response may affect day-to-day business. We […]
Unfair, Deceptive and Abusive Acts or Practices (UDAAP)
CFPB Issues Policy Statement on Dodd-Frank “Abusiveness” Standard, But Important Uncertainties Remain
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 […]
FTC to Settle Charges of Deception with Marketer of Consumer Financial Products
A&B ABstract: The Federal Trade Commission (“FTC”) recently announced an administrative complaint and proposed settlement against a marketer of consumer financial products that highlights potential compliance issues with product and service reviews, particularly entities that provide “pay-to-play” rankings and ratings. Discussion: On February 3, 2020, the Federal Trade Commission (“FTC” or “Commission”) announced an administrative […]
NY DFS unveils Consumer Protection Task Force, adds Former CFPB Deputy Director
A&B ABstract: Less than one month into the new year, New York’s Department of Financial Services (DFS) has taken strong measures to make good on its proclamation that “2020 must be the year of the consumer” by: (1) unveiling a 12-member Consumer Protection Task Force to help implement an extensive consumer protection agenda; and (2) […]
FTC Announces Settlement with Mortgage Broker for Publishing Personal Information about Consumers
A&B ABstract: On January 7, 2020, the Federal Trade Commission (FTC) announced a complaint and settlement against California mortgage broker Mortgage Solutions FCS, doing business as Mount Diablo Lending, and its owner, Ramon Walker, (collectively, Mortgage Solutions). The FTC’s complaint (Complaint) alleged that in response to negative Yelp reviews posted by applicants and customers, the […]