While most attention is focused on the CFPB, state attorneys general are very active in investigating and enforcing state laws relating to consumer financial services (and often federal laws when incorporated into state law or when using their Dodd-Frank authority).  We first discuss the CPD’s priorities and how they are determined; use of its state

We first review the origins of mortgage redlining and discuss the concept of reverse redlining and new theories of redlining.  We then look at a wide range of topics including: the application of redlining enforcement to non-banks; the use of the Equal Credit Opportunity Act and Fair Housing Act to challenge redlining; activity at state

After reviewing the background of the current moratorium on federal student loan payments and the Biden Administration’s decision to grant loan forgiveness, we discuss two recent decisions that have paused the Administration’s ability to proceed with forgiveness.  We first analyze the Texas federal district court decision vacating the forgiveness program, including the court’s standing analysis

E-commerce and electronic contracting are more important than ever as we move into the post-COVID 19 era.  We first review legal requirements for electronic contracting and disclosures including the E-SIGN Act, state Uniform Electronic Transactions Acts, FTC guidance on delivery of disclosures and comments on use of “dark patterns,” and DOJ comments on website accessibility. 

The CFPB’s growing interest in and scrutiny of BNPL comes at a time when the BNPL industry is experiencing rapid growth.  That makes it imperative for both companies currently offering BNPL products and companies considering whether to enter into the BNPL market to be aware of the practices that are likely to receive increased CFPB

In a decision with enormous potential implications, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has ruled that the manner in which the CFPB is funded violates the Appropriations Clause of the U.S. Constitution.  After reviewing the decision, we discuss: the CFPB’s strategic options for next litigation steps; the

After reviewing how the AMLA expands the BSA’s goals, we look at which AMLA provisions have the most impact on BSA compliance, including the AMLA’s emphasis on information sharing, the Financial Crimes Enforcement Network’s “national priorities” and the value of threat pattern and trend information to bank compliance efforts, and the AMLA’s expansion of the

We discuss the FDIC’s final rule on misuse of the FDIC name or logo, advisory to insured banks on deposit insurance and dealings with crypto companies, and cease and desist letters to five crypto companies alleging they made false and misleading statements about deposit insurance.  We also discuss the CFPB’s circular warning that a misrepresentation

After discussing what the Metaverse is and its possible uses by providers of legal and other services, we look at an array of legal issues that should be considered by lawyers and their clients operating in the Metaverse or contemplating doing so.  Issues discussed include privacy rights of users of Metaverse platforms, data security, moderation

After reviewing the roles of data aggregators and other key players in the data aggregation market, we discuss the implications of the transition from screen scraping to application programming interfaces (API), how aggregators can enhance consumer financial services, and the risks associated with data aggregators.  We also discuss the CFPB’s Section 1033 rulemaking on providing