In 2017, the Consumer Financial Protection Bureau promulgated the Payday Lending Rule, aimed at high-interest consumer loans that are typically due in full within a short term, sometimes as soon as the borrower’s next paycheck. The rule has been hotly contested by...
In Consumer Financial Protection Bureau v. Community Financial Services Association of America, the United States Supreme Court held that the mechanism Congress established to fund the Consumer Financial Protection Bureau complies with the Constitution’s Appropriation...
In 2022, the American Law Institute and Uniform Law Commissions proposed amendments to the Uniform Commercial Code (“UCC”). These amendments included a new Article 12 and revisions to Article 9 to permit the use of digital assets in secure financial transactions. The...
The United States District Court for the District of New Jersey has held, in Consumer Data Industry Association v. Platkin, that states can require credit bureaus to provide credit reports in non-English languages without violating the U.S. Fair Credit Reporting Act,...
Back in January, the Consumer Financial Protection Bureau (“CFPB”) proposed a rule that would make existing consumer protection laws—namely the Truth in Lending Act and its implementing Regulation Z—applicable to large financial institutions’ overdraft lending...
The United States Bankruptcy Code imposes an automatic stay against creditors’ collection efforts upon filing of a bankruptcy petition. The United States Supreme Court has now held that the Code “unequivocally” strips Native American tribes of their sovereign immunity...
The purpose of investing in an “ESG” fund – one which considers environmental, social, and governance issues – is to, at the least, reduce the climate risk or harmful impact of one’s investments and, at the most, promote certain policies that align with an investor’s...
Tax authorities in numerous states have historically collected more funds in tax foreclosures than the amount owed by a delinquent taxpayer. The United States Supreme Court, reversing the U.S. Court of Appeals for the Eighth Circuit, has held that a state collecting...
In Pittner v. Castle Peak 2012-1 Loan Trust (Memo & Order April 14, 2021), the United States District Court for the District of Massachusetts awarded summary judgment to Defendants, Castle Peak 2012-1 Loan Trust and Selene Finance LP, on Plaintiff’s claims of...
In Nettles v. Midland Funding LLC the Seventh Circuit recently held Plaintiff Ashley Nettles did not have standing to bring a claim against Defendant Midland Funding LLC under the Fair Debt Collection Practices Act ("FDCPA") on the grounds that Plaintiff suffered no...
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