Thu.Oct 12, 2023

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CFPB Issues Guidance on Fees Charged for Responding to Consumer Requests for Info

Account Recovery

The Consumer Financial Protection Bureau yesterday released guidance reminding financial institutions that they are not allowed to charge consumers for “basic information” about their accounts. Some banks, for example, are charging consumers for information that is used to manage their finances or fix problems with their bank accounts.

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New Florida Law Provides Avenue to Challenge Enforcement of Local Government Ordinances

Jimerson Firm

On June 29, 2023, Governor DeSantis signed into law Senate Bill 170 (SB 170). Starting on October 1, 2023, the new law allows city and county ordinances to be challenged in court on the basis that the ordinance is arbitrary or unreasonable, or preempted by state law, and requires suspension of enforcement of the ordinance during the legal challenge under certain circumstances.

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Daily Digest – October 12. Getting to Know Meghan Jean of Sequium Asset Solutions; Judge Grants MTD in FDCPA Case Over Imputed Knowledge of Representation

Account Recovery

Getting to Know Meghan Jean of Sequium Asset Solutions Judge Grants MTD in FDCPA Case Over Imputed Knowledge of Representation FTC Issues Proposed Rule Banning ‘Junk Fees’ CFPB Issues Guidance on Fees Charged for Responding to Consumer Requests for Info Barron & Newburger, P.C.

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A Checklist for Recurring Payment Processing Software

PDC Flow

No matter what business you’re in, taking payments brings more regulations you must follow. For instance, companies that use recurring payment processing services need to maintain Regulation E compliance. But how do you know when Regulation E applies to a transaction within your business? How can your payment processing software help? Recurring EFT Payments and Regulation E What is Regulation E ?

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From Complexity to Clarity: Strategies for Effective Compliance and Security Measures

Speaker: Erika R. Bales, Esq.

When we talk about “compliance and security," most companies want to ensure that steps are being taken to protect what they value most – people, data, real or personal property, intellectual property, digital assets, or any other number of other things - and it’s more important than ever that safeguards are in place. Let’s step back and focus on the idea that no matter how complicated the compliance and security regime, it should be able to be distilled down to a checklist.

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Judge Grants MTD in FDCPA Case Over Imputed Knowledge of Representation

Account Recovery

In a case that was defended by the team at Martin Golden Lyons Watts Morgan, a District Court judge in Missouri has granted a defendant’s motion to dismiss a Fair Debt Collection Practices Act case because the plaintiff could not provide enough evidence to support his claim that the defendant knew the plaintiff was represented […]

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FTC Issues Proposed Rule Banning ‘Junk Fees’

Account Recovery

The Federal Trade Commission yesterday announced the release of a proposed rule that it claims will save consumers more than $10 billion during the next decade by requiring businesses to include all mandatory fees when telling consumers a price and banning any hidden or bogus fees.

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December 1st Deadline to Adopt Executive Compensation Clawback Policies

Troutman Sanders

Join Troutman Pepper Partners Chris Willis and Sheri Adler as they dive into the new requirement for publicly traded companies (including financial services companies) to adopt a clawback policy requiring the recoupment of erroneously awarded incentive compensation by December 1, 2023. Chris and Sheri discuss many facets of the rules and what steps companies can take to ensure compliance, including: Which companies are subject to the new rules?

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New Federal District Court Decision Allows Secondary Liability Theory Under TCPA to Proceed

Troutman Sanders

The Middle District of Tennessee denied a defendant’s summary judgment motion in a Telephone Consumer Protection Act (TCPA) case, clearing the way for a lawsuit claiming that the defendant was secondarily liable under an agency theory for calls made by a third-party call service even though a principal-agent relationship was disclaimed by contract. On September 26, 2023, in Faulk v.

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October 11 Was a Red-Letter Day in the Growing Federal-State War on Fees

Troutman Sanders

On October 11, the Consumer Financial Protection Bureau (CFPB or Bureau) published a special edition of its Supervisory Highlights report. This report serves as a “victory lap” for the Bureau, which highlights the relief it has obtained for consumers since the release of its March 2023 Special Fees Edition, discussed here. According to the Bureau, its supervisory efforts have led to institutions refunding over $140 million to consumers, including $120 million in overdraft and non-sufficient fund

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When It Comes to Collections Software, “Good Enough” Isn’t Good Enough

Are you finding some snags in your collections process? With delinquencies, and the number of consumers looking for payment assistance on the rise, it may be time to consider an efficient cloud-based software to support your team. Learn how MeridianLink® Collect has helped financial institutions like yours streamline collections processes.