Elizabeth E. McGinn, Antonio J. Reynolds, and Jessica M. Shannon Authored a Bloomberg BNA Article, "Consumer Privacy Should Be Top-of-Mind for FinTech Firms to Avoid Scrutiny"
With many people underserved by traditional lending institutions, including the close to 45 million adults in the U.S. who the Consumer Financial Protection Bureau estimates are “credit invisible” or have had past credit challenges, emerging FinTech lenders and online lending platforms (FinTech...Articles
Brandy A. Hood Co-Authored an Article for the American Bar Association's The Business Lawyer, "TILA-RESPA Integrated Disclosures Developments"
INTRODUCTION The Consumer Financial Protection Bureau (“CFPB”) has made the Know Before You Owe: TILA-RESPA Integrated Disclosures Rule (“TRID Rule”) the centerpiece of its mortgage-regulatory mandate. Since the TRID Rule’s effective date of October 3, 2015, the CFPB has been steadily producing...Articles
On May 1, the Supreme Court ruled 5-3 that municipal plaintiffs may be “aggrieved persons” authorized to bring suit under the Fair Housing Act against lenders for injuries allegedly flowing from discriminatory lending practices. However, the Court held that such injuries must be proximately caused...Articles
On April 26, 2017, the Conference of State Bank Supervisors (CSBS) initiated a lawsuit against the Office of the Comptroller of the Currency (OCC) in the U.S. District Court for the District of Columbia challenging the OCC’s statutory authority to create a special purpose national bank (SPNB)...Articles
John C. Redding, Marshall T. Bell, and Megan E. Whitehill Authored a Law360 Article, "Ability-To-Repay Enforcement Comes To Auto Finance"
In recent years, regulators and enforcement agencies have eagerly exercised their authority to prosecute what they perceive as unfair or deceptive acts and practices (UDAPs). Unfortunately for the auto finance industry, these regulators and agencies show no sign of tapping the brakes on such...Articles
Margo H. K. Tank and R. David Whitaker Authored a SIGNiX Blog, "The Secret Sauce for Electronic Records: System Audit Logs"
Most software platforms for presenting and signing electronic records (a “platform”) capture and preserve information concerning the delivery and signing process for each record presented on the platform. The file preserving this information is often referred to as an “audit log.” Audit logs serve...Articles
Elizabeth E. McGinn, James T. Shreve, and Daniel Paluch Authored a Westlaw Journal Article, "Data Security Breach Litigation Post-Spokeo"
California enacted the nation’s first data security breach notification law 15 years ago. Following a few high-profile incidents in 2005, other states rapidly began enacting breach-notice requirements based largely on the California model. This proliferation of laws — and the constant news of...Articles
Warren W. Traiger Authored an American Banker Article, "Regulators' Silence on New HMDA Rule is Deafening"
As banks prepare to comply with a Consumer Financial Protection Bureau rule adding new reporting requirements under the Home Mortgage Disclosure Act, much attention has been paid to how expanded data points such as “interest rate” and “credit score” will affect fair-lending compliance. But the...Articles
On April 13, the Consumer Financial Protection Bureau (CFPB) issued a proposal to amend the 2015 Home Mortgage Disclosure Act (HMDA) rule. The changes are primarily for the purpose of clarifying data collection and reporting requirements, and most of the clarifications and revisions would take...Articles