On April 3, 2023, the CFPB published a new official statement of policy on the authority that Congress passed in the Consumer Financial Protection Act of 2010 (“CFPA”), codified at 12 U.S.C. § 5536(a)(1)(B), banning “abusive conduct” in connection with the offering or provision of consumer financial products or services. A copy of the new
David M. Bizar
CFPB Concludes Most Convenience Fees Charged by Debt Collectors Violate the FDCPA
Following its recent “initiative” and request for information to reduce “exploitative junk fees,” the Consumer Financial Protection Bureau (“CFPB”) has on June 29, 2022 released an advisory opinion. The opinion concludes that “pay-to-pay fees,” which the debt collection industry refers to as “convenience fees” violate the Fair Debt Collection Practices Act (“FDCPA”)…
The CFPB’s New Focus on Medical Debt Collection
Medical service providers who engage in medical billing, debt collection, and credit reporting are the focus of new regulations and regulatory enforcement efforts. Civil litigation is sure to follow. Under the direction of its new Director, Rohit Chopra, the Consumer Financial Protection Bureau “is working to stop unfair medical debt collection and coercive credit reporting…
The CDC’s Nationwide COVID-19 Eviction Moratorium Has Been Put Down for the Count—Finally. So What Happens Next?
A mere three weeks after the application to vacate stay was filed, the United States Supreme Court has effectively ended the year-long row over the lawfulness of the federal Centers for Disease Control’s nationwide eviction moratorium (the “CDC Moratorium”).¹ On August 26, 2021, in a per curiam opinion joined by six members of the Court,…
Upcoming Webinar! Student Loan Collection and Servicing Issues in the COVID and Post-COVID World
Tuesday, June 29, 2021
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m. to 12:00 p.m. Mountain
10:00 a.m. to 11:00 a.m. Pacific
The CARES Act gives borrowers a payment break on federal student loans—but starting in October, payments will start back up. Servicers of private and federal…
Webinar Recap! Consumer Lending and CFPB Regulation in The Biden-Harris Era
In the first installment of Seyfarth’s 2021 monthly Consumer Financial Services Webinar Series held on February 24, 2021, attorneys David M. Bizar, Tonya M. Esposito and J. Patrick Kennedy discussed the major legislative initiatives, regulatory and enforcement, and executive actions that are likely to be prioritized by the Biden-Harris administration; the key financial department appointees…
Consumer Financial Protection Board Taskforce issues 900-page Report with Broad Recommendations in Waning Days of Trump Administration
Just two weeks before the inauguration of President-elect Biden, and the launch of a new executive administration, the Consumer Financial Protection Bureau (CFPB or Bureau) Taskforce on Federal Consumer Financial Law (Taskforce) issued a nearly 900-page report making extensive recommendations for legislative and regulatory reform, enactment, and adoption of new initiatives. The Taskforce comprised five
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Consumer Lending and CFPB Regulation in The Biden-Harris Era
With the Democrats in control of the House, the Senate, and the White House, combined with the ongoing effect of COVID-19’s effect of consumer lending, we anticipate a heightened focus on consumer protection issues and financial services enforcement at every level in 2021.
President Biden recently appointed FTC Commissioner Rohit Chopra to head the Consumer…
The Fifth Circuit Holds That Lenders Cannot Be Held Vicariously Liable Under RESPA
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