The latest company news and industry insights from Access Capital Services. Topics include accounts receivable management, auto finance receivables, medical debt, financial services, government debt.

RSS Consumer Finance Monitor

  • This week’s podcast: Electronic Disclosures and Communications under CFPB’s Proposed Debt Collection Rule August 22, 2019
    In this podcast, we discuss in detail certain provisions of the CFPB’s Proposed Debt Collection Rule that create the possibility of a collector providing disclosures to consumers by means of electronic communications. Among other things, we detail the scope, requirements and limitations related to such electronic communications, review the logistical challenges the Rule poses as... […]
    Barbara S. Mishkin
  • Congressional Chairs Concerned About State of Student Loan Industry Seek Answers from CFPB, Department of Education and Student Loan Servicers August 21, 2019
    Last week, Congressional representatives Maxine Waters, D-CA, Bobby Scott, D-VA, and Elijah Cummings, D-MD, as chairs of committees with oversight responsibility for the student loan servicing market, sent letters to CFPB Director Kathleen Kraninger and Department of Education Secretary Betsy DeVos about their concerns with the current state of the student loan industry. The letters... […]
    Andrew Carobus
  • An Exclusive Interview with Nicholas Smyth, Leader of the Pennsylvania Office of Attorney General’s Consumer Financial Protection Unit August 21, 2019
    Pennsylvania has one of the most active Attorney General offices when it comes to bringing cases against financial companies. This is due to the office’s Consumer Financial Protection Unit, which was formed by Attorney General Josh Shapiro in 2017 because of the expectation that the CFPB would become less potent in protecting consumers. The Unit... […]
    Barbara S. Mishkin
  • Amici File Briefs to Support Blair Rehearing Petitions August 20, 2019
    Last week, we published a Legal Alert discussing the petitions for rehearing filed in the Blair v. Rent-A-Center appeals which ask the Ninth Circuit en banc to overturn a panel decision holding that the Federal Arbitration Act (FAA) does not preempt California’s “McGill Rule.” The McGill Rule derives from the California Supreme Court’s ruling in... […]
    Alan S. Kaplinsky and Mark J. Levin
  • Sen. Sherrod Brown Joins Consumer Groups in Applying Pressure to Encourage CFPB to Seek Lifting of Stay of the Compliance Date for the 2017 Payday Rule’s Payments Provisions August 20, 2019
    On August 14, 2019, Senate Banking Committee Ranking Member Sherrod Brown (D-Ohio) wrote a letter imploring Consumer Financial Protection Bureau Director Kathy Kraninger to implement the payments provisions of the 2017 Payday Rule by the scheduled August 19, 2019, compliance date, by requesting a lifting of the stay imposed by the Texas federal district court... […]
    Daniel C. Fanaselle
  • Treatment of models under HUD’s proposed disparate impact rule: our thoughts August 19, 2019
    In its proposed disparate impact rule published in today’s Federal Register, HUD sets forth a framework for making (and defending against) claims of disparate impact under the Fair Housing Act.  In this blog post, we take a closer look at a new and unique aspect of the proposed rule: its treatment of mathematical models (like risk-scoring models... […]
    Christopher J. Willis
  • CA regulator proposes regulations to implement new law requiring consumer-like disclosures for commercial financing August 19, 2019
    The California Department of Business Oversight (DBO) has issued proposed regulations to implement SB 1235, the bill signed into law in September 2018 that requires consumer-like disclosures to be made for certain commercial financing products, including small business loans, merchant cash advances, and factoring.  The law contains exemptions and carve-outs for, among other things, depository... […]
    Michael R. Guerrero
  • CFPB and NYAG file response and reply briefs in RD Legal August 19, 2019
    The CFPB and the New York Attorney General have filed their response and reply briefs in the Second Circuit, where the CFPB and NYAG filed appeals from the district court’s decision and RD Legal Funding filed a cross-appeal.  The CFPB and the NYAG filed their opening briefs in March and RD Legal filed its opening... […]
    Alan S. Kaplinsky
  • Solicitor General gets another extension to file response to Seila Law’s cert petition August 19, 2019
    The U. S. Supreme Court has given the Solicitor General another extension of the date by which the government must file its response to Seila Law’s petition for a writ of certiorari.  The petition seeks review of the Ninth Circuit’s ruling that the CFPB’s single-director-removable-only-for-cause structure is constitutional.  The new extension gives the SG until... […]
    Alan S. Kaplinsky
  • HUD publishes proposed revisions to disparate impact rule August 19, 2019
    HUD’s proposed revisions to its disparate impact rule were published in today’s Federal Register.  Comments on the proposal are due on or before October 18, 2019. Originally adopted in 2013, the rule sets forth the requirements for HUD or a private plaintiff to establish liability under the Fair Housing Act for discriminatory practices based on... […]
    Richard J. Andreano, Jr. and John L. Culhane, Jr.