Banking
CFPB, DOJ File Complaint Against Non-Bank Mortgage Lender for Deliberate Discrimination Against Minority FamiliesThe Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You ThinkBanking Regulators Publish Proposed Rule to Update Community Reinvestment Act Regulations
Bradley's Bankruptcy Basics
Bradley’s Bankruptcy Basics: Automatic Stay and Discharge Injunction ViolationsBradley’s Bankruptcy Basics: Automatic Stay Considerations When Businesses File for BankruptcyBradley’s Bankruptcy Basics: The Automatic Stay and the “Why” Behind the Warnings: What Happens Once a Debtor Files for Bankruptcy?
CARES Act
CFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation ViolationsLandlords Again Successfully Challenge the CDC’s Authority to Ban Residential EvictionsBradley’s Bankruptcy Basics: COVID-19 Bankruptcy Relief Extension Act Extends Various CARES Act Amendments to the Bankruptcy Code
Commercial Lending
The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You ThinkFourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter VFirst DOJ Enforcement Action Against PPP Lender Presages Increased Government Scrutiny of Bank and Non-Bank PPP Lenders
Compliance
Have You Heard of ADCONs? How to Get Ready for Fannie Mae and Freddie Mac’s New Address Confidentiality Program RequirementsCFPB Plans to Increase Regulation over “Buy Now, Pay Later” LendersCFPB, DOJ File Complaint Against Non-Bank Mortgage Lender for Deliberate Discrimination Against Minority Families
Cybersecurity
A Tale of Two Functions: Weighing Business and Legal Considerations in the Wake of a Data Breach to Preserve Attorney-Client Privilege and Work Product ProtectionsWhat the Proposed North Carolina Regulatory Sandbox Could Mean for Fintech and the Financial Services CommunityNew Cyber Insurance Risk Framework Provides Best Practices for the Insurance Industry
Data Privacy
Have You Heard of ADCONs? How to Get Ready for Fannie Mae and Freddie Mac’s New Address Confidentiality Program RequirementsCFPB Issues Advanced Notice of Proposed Rulemaking on Section 1033 for Consumer-Authorized Access to Financial DataThe Perils of Responding to Cyber-Incidents Just Got More Complicated
Debt Collection
“This Is an Attempt to Collect a Debt” May Mean What It Says: The Eleventh Circuit’s Recent Decision in Daniels v. Select Portfolio Servicing, Inc.CFPB Issues Advisory Opinion Clarifying Its Views on When Debt Collectors Can Charge Consumers “Convenience Fees”Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V
ECOA
Fannie Mae and Freddie Mac Direct Collection of Borrower Information to Further Fair Lending and Fair Servicing AimsCFPB, DOJ File Complaint Against Non-Bank Mortgage Lender for Deliberate Discrimination Against Minority FamiliesCFPB Provides New Guidance on Discrimination in Algorithmic Credit Decisions
FDCPA
“This Is an Attempt to Collect a Debt” May Mean What It Says: The Eleventh Circuit’s Recent Decision in Daniels v. Select Portfolio Servicing, Inc.CFPB Issues Advisory Opinion Clarifying Its Views on When Debt Collectors Can Charge Consumers “Convenience Fees”After (Another) Unusual Year, We’re Very Thankful and Wish You a Happy Thanksgiving
FinTech
The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You ThinkFintechs and Non-banks Beware: CFPB to Utilize “Dormant Authority” to Examine Fintechs and Other Non-bank Financial Services CompaniesFTC Updates CFPB on Action in the Fair Lending Space
Foreclosure
Bradley’s Bankruptcy Basics: The Automatic Stay and the “Why” Behind the Warnings: What Happens Once a Debtor Files for Bankruptcy?South Carolina Ruling Gives Lenders Flexibility on When to Foreclose in Face of Borrower LitigationFlorida Homestead Exemption Applies Only to U.S. Citizens and Permanent Residents
Identity Theft / Privacy
A Tale of Two Functions: Weighing Business and Legal Considerations in the Wake of a Data Breach to Preserve Attorney-Client Privilege and Work Product ProtectionsThe Perils of Responding to Cyber-Incidents Just Got More ComplicatedFTC Imposes $110 Million Fine Against Payment Facilitator and Its Executives
Investigations / Enforcement
The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You ThinkWe’re NOT so Early Anymore - As NFTs Hit Primetime In Insider Trading Case, A Broader Look Ahead For Digital Assets Georgia Passes Historic Mortgage Licensing Law
Litigation Developments
A Tale of Two Functions: Weighing Business and Legal Considerations in the Wake of a Data Breach to Preserve Attorney-Client Privilege and Work Product ProtectionsSouth Carolina Ruling Gives Lenders Flexibility on When to Foreclose in Face of Borrower LitigationDoes the Eleventh Circuit’s Hunstein Decision Mean that the FDCPA Violates the First Amendment?
Loan Underwriting
CFPB Releases Observations of COVID-19 Impacts to Small Business Lending through PPP Loans and Potential Fair Lending RisksFederal Reserve Implements Aggressive Liquidity Campaign as Growing Corporate Debt Threatens to Exacerbate COVID-19 Economic TollNational Credit Union Administration Encourages Banking Hemp Businesses — With Some Caveats
Loss Mitigation
CFPB Releases RFI on Mortgage Servicing Rules Signaling Potential for Future Regulatory ReformCFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation ViolationsThe CFPB’s New COVID-19 Procedural Safeguard Rules Pose Significant Compliance Challenges for Mortgage Servicers
Mortgage Servicing
Have You Heard of ADCONs? How to Get Ready for Fannie Mae and Freddie Mac’s New Address Confidentiality Program RequirementsCFPB Releases RFI on Mortgage Servicing Rules Signaling Potential for Future Regulatory ReformFourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V
NCUA
Federal Financial Agencies Announce Flexibility in Enforcing Certain Mortgage Servicing Rules in Response to COVID-19Federal Regulatory Agencies Offer Interagency Statement Regarding COVID-19-Related Loan Modifications and Status ReportingNCUA’s Appraisal Threshold Increase to $1 Million for Commercial Real Estate Loans Set to Go into Effect
Regulatory Supervision
The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You ThinkGeorgia Passes Historic Mortgage Licensing LawCFPB Issues Advanced Notice of Proposed Rulemaking on Section 1033 for Consumer-Authorized Access to Financial Data
Secured Creditors
Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter VBradley’s Bankruptcy Basics: Automatic Stay Considerations When Businesses File for BankruptcyBradley’s Bankruptcy Basics: The Automatic Stay and the “Why” Behind the Warnings: What Happens Once a Debtor Files for Bankruptcy?
Small Business Lending
The Countdown Is on for Factors, MCAs, and Other Commercial Financing Providers to Comply with California’s Commercial Disclosure Law, and the Deadline Is Sooner Than You ThinkFirst DOJ Enforcement Action Against PPP Lender Presages Increased Government Scrutiny of Bank and Non-Bank PPP LendersThe LIBOR Act: 7 Key Things Financial Institutions Need to Know about the New Law in Preparation for the LIBOR Transition in 2023
Supreme Court
If You Thought the TCPA Was on Its Way Out, Think Again: The Supreme Court Expands Its Prohibitions InsteadSupreme Court Holds That Part of CFPB’s Structure Is UnconstitutionalA Good Day for Lenders: Texas Supreme Court Rules that Lenders Still Entitled to Equitable Subrogation for Non-compliant Home Equity Loans
TCPA
FCC Targets “Ringless Voicemails” for Robocalling EnforcementThe Tide Has Turned in TCPA Litigation: The Supreme Court Unanimously Adopts Narrow Definition of “Autodialer” in Landmark DecisionUntouchable No More: Reinforcements Arrive for TCPA Defendants Battling the FCC’s Aggressive Expansion of the Statute
Tenant Protection
Second Circuit Rules on Landlord Fair Housing Act Liability for Ignoring Tenant-on-Tenant Racial HarassmentFHA Clarifies That DACA Classified Residents Are Permitted to Apply for FHA-Insured MortgagesFederal District Court Stays Effective Date and Enjoins Enforcement of HUD’s Final Rule on the Fair Housing Act’s Disparate Impact Standard