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CFPB’s SBREFA Outline on Automated Valuation Models Rekindles Debate over Disparate Impact Liability under the ECOA

February 26, 2022 By Brian Johnson and Melissa Malpass

CFBP on google search result

Section 1473(q) of the Dodd-Frank Act (now codified at 12 U.S.C. § 3354(q)) amended the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”) to instruct the CFPB, Fed, OCC, FDIC, NCUA, and FHFA (collectively, the … [Continue reading] about CFPB’s SBREFA Outline on Automated Valuation Models Rekindles Debate over Disparate Impact Liability under the ECOA

Filed Under: Consumer Financial Protection Bureau (CFPB), Dodd-Frank Act, Equal Credit Opportunity Act (ECOA), Supreme Court Decisions Tagged With: #CFPB, Fair Lending

Fourth Circuit Rules That a Mortgage Servicer Can Be Liable for FDCPA Violations Even if Not Subject to the FDCPA

February 24, 2022 By Josh Dhyani

FDCPA book on a table.

A&B ABstract: Putative class action plaintiffs recently prevailed on appeal in a case involving mortgage servicing fees charged to Maryland borrowers. In doing so, the opinion opens the door for FDCPA liability for all mortgage servicing … [Continue reading] about Fourth Circuit Rules That a Mortgage Servicer Can Be Liable for FDCPA Violations Even if Not Subject to the FDCPA

Filed Under: Circuit Court Decisions, Debt Collection, Fair Debt Collection Practices Act (FDCPA), Mortgage Servicing, State Law Tagged With: #FDCPA, #mortgageservicing

Update regarding the BrightSpeed payment processor case

January 19, 2022 By Brian Johnson

On January 18, after approximately fourteen months of settlement negotiations, the CFPB announced that it secured a settlement agreement with BrightSpeed Solutions, Inc., a third-party payment processor that had ceased operations nearly three years … [Continue reading] about Update regarding the BrightSpeed payment processor case

Filed Under: Consumer Financial Protection Bureau (CFPB), Dodd-Frank Act Tagged With: #CFPB

Update Regarding the CFPB’s Buy Now, Pay Later Orders

January 7, 2022 By Brian Johnson

In a prior post, we reported that the language used in orders recently issued by the CFPB to leading Buy Now, Pay Later (“BNPL”) providers suggested that the CFPB intends to use the information it collects to build enforcement cases rather than … [Continue reading] about Update Regarding the CFPB’s Buy Now, Pay Later Orders

Filed Under: Consumer Financial Protection Bureau (CFPB), Dodd-Frank Act, Fintech Tagged With: #BNPL, #CFPA, #CFPB

Is the CFPB using its market monitoring orders to build enforcement cases?

December 21, 2021 By Brian Johnson

As we previously noted, on October 21, the CFPB issued orders to six large technology firms seeking information about their payment product business plans (the “October 21 Orders”). According to the Bureau, the purpose of orders was to “shed light on … [Continue reading] about Is the CFPB using its market monitoring orders to build enforcement cases?

Filed Under: Consumer Financial Protection Bureau (CFPB), Dodd-Frank Act Tagged With: #BigTech, #BNPL, #CFPB

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