The United States Court of Appeals for the Fourth Circuit has held that a “clickwrap” agreement, wherein a customer clicks on an acknowledgement agreeing to a website’s terms and conditions, with Experian Information Solutions Inc. provided suitable notice to a...
Banking
National Pawn Broker Enters Settlement with Consumer Financial Protection Bureau for Alleged Violation of the Military Lending Act
On July 11, 2025, the Consumer Financial Protection Bureau (“CFPB”) entered a settlement and stipulated judgment with FirstCash, Inc. and its affiliates (collectively “FirstCash”), for alleged violations of the Military Lending Act (“MLA”), 10 U.S.C § 987. FirstCash...
Consumer Financial Protection Bureau Will Not Prioritize Enforcement of Payday Lending Rule.
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...
Supreme Court Upholds Constitutionality of Consumer Financial Protection Bureau Funding Mechanism.
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...
Amendments to UCC Permit Secured Financial Transactions with Digital Assets
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...
United States District Court Holds Credit Bureaus Can Be Required to Provide Non-English Credit Reports
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,...
Comment Period Closing on CFPB’s Proposed Overdraft Regulation
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...
Bankruptcy Code Imposes Automatic Stay on Native American Tribes
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...
New SEC Amended Rule Attempts to Limit Greenwashing
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 Foreclosure Seizures Cannot Exceed Amount Owed
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...