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We recently had a chance to speak to The Independent and Forbes for articles on the impending regulatory response to the FTX bankruptcy, which will undoubtedly affect the entire crypto sector. A couple of additional thoughts worth mentioning are as follows:

The extended Crypto Winter is likely to hasten regulatory clarity with respect to crypto. While the Congressional bills introduced thus far have favored the Commodities Futures Trading Commission (CFTC) as the chief crypto regulator, the extended crisis in the crypto sector have punched up serious concerns regarding investor protection, which is the focus of the Securities and Exchange Commission (SEC). As a result, we’re likely to see a greater role for the SEC in terms of crypto regulatory oversight.…

Continue Reading A few additional thoughts… on the regulatory response in the wake of the FTX bankruptcy

A new CFPB advisory opinion drills down on what consumer reporting agencies must do to address discrepancies in consumers’ credit reports, in order to protect consumers and remove obstacles to them getting credit. And while the Bureau gives specific examples of items requiring correction, the opinion emerges in the bigger context of a heightened interest in expanding the categories of businesses that could constitute a consumer credit company and clarifies the work required of such companies vis-à-vis other actors in the consumer credit ecosystem such as furnishers or users of consumer data reports.

On Oct. 20, 2022, the Consumer Financial Protection Bureau issued a substantial Advisory Opinion interpreting Section 607(b) of the Fair Credit Reporting Act (FCRA). Section 607(b) is one of many technical provisions imposing specific compliance obligations on consumer reporting agencies (CRAs). The Advisory Opinion indicates that if a CRA or a company engaged in consumer reporting activities neglects to remove logical inconsistencies from consumers’ credit reports, such a company will be deemed to have violated the FCRA’s mandate to build and carry out “reasonable procedures to assure maximum possible accuracy” of information pertaining to consumers whose credit information or personal attributes are being reported.…

Continue Reading No junk data: CFPB Advisory Opinion fleshes out “maximum possible accuracy” for purposes of deciding FCRA violations

The Consumer Financial Protection Bureau (CFPB) finally moved forward today to ban class action waivers in mandatory arbitration clauses found in certain consumer financial services contracts.

In October 2015, the CFPB published its multiyear study on arbitration provisions in consumer financial contracts and an outline of the proposal under consideration. It then convened a …

On January 15, 2016, the CFPB Office of Enforcement asserted that claims pursued in administrative enforcement actions are not subject to the three-year statute of limitations set forth in the Consumer Financial Protection Act, signaling that the agency is willing to target long-ago violations when seeking restitution and penalties. The CFPA — also known as…

As an early “holiday gift,” to help you more easily search for a particular piece of guidance from the CFPB, we’ve put together two CFPB guidance documents. The first is a compilation of all nine issues of the CFPB’s Supervisory Highlights, from 2012 to 2015. The second is a compilation of all the CFPB’s Bulletins,…

On September 1, 2015, the Consumer Financial Protection Bureau (“CFPB”) won an important decision in which a federal court, for the first time, interpreted the meaning of “recklessly provid[ing] substantial assistance” under the Consumer Financial Protection Act (“CFPA”). Perhaps since it was an order denying the defendants’ motions to dismiss released just before the Labor…

In a move long anticipated by the industry, the Consumer Financial Protection Bureau (CFPB) on October 7, 2015 proposed to ban class action waivers in consumer financial contracts. Although the proposed ban would not take effect for a few years, it could lead to an increase in consumer class action lawsuits—some of which 　have been…

On September 24, 2015, the Consumer Financial Protection Bureau (“CFPB”) and the Department of Justice (“DOJ”) announced a joint action against New Jersey-based Hudson City Savings Bank for discriminatory redlining practices that denied residents of majority-Black-and-Hispanic neighborhoods fair access to mortgage loans.  The agencies allege that the bank took steps to avoid, and thereby discourage,…

On July 31, 2015 the Consumer Financial Protection Bureau rule that enables the CFPB to supervise the biggest nonbank automobile finance companies will take effect, subjecting the auto finance industry to new and unprecedented regulatory scrutiny. Finance companies across the country are bracing for their first CFPB examinations. Given the recent CFPB settlement with one…