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
Consumer Protection Act
CFPB Issues Proposal Requiring Nonbank Institutions to Register and Report Violations of Consumer Protection Laws Issued by Other Agencies and CourtsFannie 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 Families
Cybersecurity
SEC Division of Examinations Announces 2023 Examination PrioritiesA 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 Community
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
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
SEC Division of Examinations Announces 2023 Examination PrioritiesThe 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
Loan Underwriting
CFPB Issues Additional Guidance on Use of AI in Credit UnderwritingCFPB 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 Toll
NCUA
CFPB, FDIC, NCUA, OCC, and FRB Issue Proposed Guidance on Reconsiderations of Value of Residential Real Estate TransactionsFederal 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 Reporting
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?
UDAAP
CFPB Issues Proposal Requiring Nonbank Institutions to Register and Report Violations of Consumer Protection Laws Issued by Other Agencies and CourtsCFPB Sends Signal to Student Loan Servicers Through UDAAP Consent OrderCFPB Fall Supervisory Highlights Shed Light on Agency Priorities – Mortgage Servicing Loss Mitigation Violations