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Court Sides With Borrower Over Discharged Debt Collections

September 18, 2023
Sam Manas
A panel of judges in the Fourth Circuit Court of Appeals has held that the federal Bankruptcy Code doesn’t preempt state law claims arising from alleged improper collection attempts of a discharged debt.
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State Regulators Tightening Cybersecurity Requirements

September 18, 2023
Sam Manas
Regulators in New York and California are stepping up their notice requirements for security incidents. California is also in the process of enhancing consumer data rights.
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Other News in Brief

September 18, 2023
Brandon Ivey
Credit unions want reforms for CFPB; CFPB, states take action against firm offering point of sale financing; CFPB warns on college tuition payment plans; updates to NMLS policy guidebook; MISMO offers best practices for servicing transfers.
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CFPB Opposes Request to Expand 1071 Injunction

September 5, 2023
Sam Manas
The agency opposed a request to expand an injunction on implementing its small business lending data collection rule to all covered institutions. Currently the stay applies only to American Bankers Association and Texas Bankers Association members.
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Industry Calls for CRA Rule Delay, Citing CFPB Uncertainty

September 5, 2023
Sam Manas
The Bank Policy Institute and American Bankers Association have asked federal agencies to pause adoption of the Community Reinvestment Act final rule until proposed bank capital requirements are finalized and the Supreme Court decides on the CFPB’s funding mechanism.
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CDIA: Potential Data Broker Rule Could Lead to Exits

September 5, 2023
Sam Manas
According to Dan Smith, president and CEO of the Consumer Data Industry Association, the CFPB’s potential data broker rule could lead to companies exiting the data business.
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DOJ Settles Redlining Claims With Oklahoma Bank

September 5, 2023
Sam Manas
The DOJ has settled redlining charges brought against American Bank of Oklahoma. HSBC Bank also disclosed recently that it’s under investigation by the Department of Housing and Urban Development for alleged redlining.
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CFPB Sues Installment Lender for Loan Churning

September 5, 2023
Sam Manas
The bureau has accused South Carolina-based Heights Finance of targeting borrowers for their likelihood to refinance and using coercive practices to drive them into fee-laden refinancing cycles.
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Credit Repair Firms Agree to $2.7 Billion CFPB Settlement

September 5, 2023
Sam Manas
The firms, which include Lexington Law and CreditRepair.com, were accused of misrepresenting to consumers that an upfront fee was necessary to begin the credit repair process.
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Debt Buyers May be Liable for Collectors’ Actions, Court Says

September 5, 2023
Sam Manas
A New York court has rejected a motion to dismiss a CFPB lawsuit against a group of debt buyers for violations of the Consumer Financial Protection Act and the Fair Debt Collection Practices Act.
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