On October 20, the FTC announced an NPR with respect to “junk fees”, noting The FTC is concerned that junk fees are common in many sectors of the U.S. economy. The advance notice of proposed rulemaking announced today seeks public comment on the harms stemming from junk fees and associated junk fee practices and on whether a new rule would… Read More
You have a pretty good idea where the decision is going to go when it starts with this sentence from James Madison in the Federalist Papers: An elective despotism was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced… Read More
The FTC announced an advanced notice of proposed rulemaking on commercial surveillance and security. “Commercial surveillance” is defined as the business of collecting, analyzing and profiting from consumer data. The FTC seeks public comment on implementation of new rules on how businesses "(1) collect, aggregate, protect, use, analyze, and retain consumer data, as well as (2) transfer, share, sell, or… Read More
On August 11, 2022, the CFPB issued a circular on data security and the question "[c]an entities violate the prohibition on unfair acts or practices in the Consumer Financial Protection Act (CFPA) when they have insufficient data protection or information security?" The short answer is "yes." The CFPB highlights specific security measures to minimize risk. In line with the new… Read More
On July 27, the CFPB issues an extensive FAQ or "Compliance Aid" on how to comply with the new FDCPA regulations. A Compliance Aid is This designation will provide the public with greater clarity regarding the legal status and role of these materials, as discussed below. The Bureau does not intend to use Compliance Aids to make decisions that bind… Read More
On July 15, the DFPI issued proposed regulations on the scope of debt collection licensure required by the DCLA. The text of the proposed regulations can be found here: PRO-05-21-Text-DCLA-Invitation-for-Comments.-7.14.22 There are a number of significant proposed regulations for licensees, applications, or potential licensees. First, the DFPI's proposed regulations would confirm that W-2 or true employees are not required to… Read More
On June 24, the FTC announced that purportedly is designed to fight deceptive advertising, crack down on bait-and-switch marketing, and put a stop to hidden add-on charges when consumers go vehicle shopping. According to the Notice posted in the Federal Register, FTC 6.23.22 Auto Rule NPRM, the NPR purports to The Federal Trade Commission (“FTC” or “Commission”) seeks comment on… Read More
The DFPI issued a Notice of Proposed Rulemaking, the comment period for which closes on July 5, 2022. The NPR relates to obligating covered persons to implement and maintain a process for consumers to make complaints and for covered persons to respond to them. The Notice is here (PRO-03-21-Notice-of-Proposed-Rulemaking-5-17-22 and the Proposed Regulations can be found here https://dfpi.ca.gov/wp-content/uploads/sites/337/2022/05/PRO-03-21-Draft-Text-CCFPL-Complaints-5-2-22.pdf In the Statement of… Read More
In Consumer Fin. Prot. Bureau v. CashCall, Inc., Nos. 18-55407, 18-55479, 2022 U.S. App. LEXIS 13810, at *23-25 (9th Cir. May 23, 2022), the Court of Appeals for the 9th Circuit rejected CashCall's argument that the Native American Tribal Lender, and not CashCall was the true lender for purposes of determining whether state usury law applied. In substance, all of… Read More
The DFPI announced that it continues to have delays in processing applications. Debt Collector Licensing – Update on Processing Delays In conjunction with the notice, the DFPI have also updated the Questions & Answers on their webpage at https://dfpi.ca.gov/debt-collection-licensee/. Read More
On October 27, 2021, the Federal Trade Commission ("FTC") announced important updates to the Gramm-Leach-Bliley Act's (the "Act") primary consumer protection rules. Enacted in 1999, the Act implemented regulations on financial institutions with regard to consumer privacy and data security concerns. It includes two primary parts, or "rules": the Privacy Rule and the Safeguards Rule. The Privacy Rule limits disclosure… Read More
The CFPB announced that as part of its overall CMS assessment, the CFPB may evaluate the technology controls of an institution and its service providers. Institutions within the scope of the CFPB’s supervision and enforcement authority include both depository institutions and non-depository consumer financial services companies. These institutions operate in a dynamic environment influenced by challenges to profitability, increased focus on… Read More
In Ftc v. Credit Bureau Ctr., No. 17 C 194, 2021 U.S. Dist. LEXIS 173180, at *3-7 (N.D. Ill. Sep. 13, 2021), Judge Kennelly allowed the FTC to amend its judgment to preserve a restitution award on an alternative legal theory after SCOTUS held in AMG Cap. Mgmt. that section 13(b) of the FTC Act did not afford a right… Read More
On August 19, 2021, the California Department of Financial Protection and Innovation issued a request for comments as it considers a second rulemaking related to the Debt Collection Licensing Act. The first rulemaking, issued earlier this year relates to the license application process and requirements for debt collectors who may begin to apply for a debt collection license starting in… Read More
Today, the CFPB Announced that the Federal Financial Institutions Examination Council ("FFIEC") issued a new booklet in the FFIEC Information Technology Examination Handbook series, titled “Architecture, Infrastructure, and Operations.” The CFPB noted that the booklet provides expanded guidance to help financial institution examiners assess the risk profile and adequacy of an entity’s information technology architecture, infrastructure, and operations. Implied in… Read More
In FTC v. Am. Future Sys., No. 20-2266, 2021 U.S. Dist. LEXIS 83401, at *3-4 (E.D. Pa. Apr. 30, 2021), Judge Slomsky allowed the FTC to proceed on unfair debt collection claims against a debt collection agency collecting on business related education and publication debts. On May 13, 2020, the FTC initiated this action against American Future Systems, Inc. ("AFS"),… Read More
California’s Department of Financial Protection and Innovation has filed a notice of proposed rulemaking on April 23, 2021 for the Debt Collection Licensing Act (DCLA). The proposed regulations are to be added in Title 10, California Code of Regulations, Subchapter 11.3 “Debt Collection Licensing Act.” A copy of the proposed rulemaking text is here. The proposed regulations cover: requirements to… Read More
In Amg Capital Mgmt. v. FTC, No. 19-508, 2021 U.S. LEXIS 2108, at *1-4 (Apr. 22, 2021), the Supreme Court held that the FTC Act does not authorize the FTC to seek monetary restitution in a suit that the FTC brings in the first instance (i.e., without a prior administrative proceeding) in federal court under section 13(b) of the FTC… Read More
The CFPB issued an interim final rule that is effective May 3, 2021 to address certain debt collector conduct associated with an eviction moratorium issued by the CDC. The rule provides that debt collectors, as defined in the FDCPA, are required to provide written notice to certain consumers of their protections under the CDC Order’s eviction moratorium. Also, debt collectors… Read More
Although on April 7, 2021, the CFPB proposed to delay the October 2020 and December 2020 Debt Collection Rules by 60 days, on April 16, 2021, the CFPB moved forward with its earlier stated plan to update the small entity compliance guide to include the December 2020 Debt Collection Rule. The update guide is available here. As discussed earlier with… Read More
