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Quarterly Report

Vol. 68, Nos. 2 – 3 (2014)

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In This Issue:

  • Trade Groups Urge CFPB to Respond to AFSA Vehicle Sales Finance Study
    By Barbara S. Mishkin
  • CFPB Explores Checking Account Screening Policies and Practices
    By Kim Phan
  • HUD Disparate-Impact Rule is Invalidated
    By John L. Ropiequet
  • Trade Groups Take Aim at N.Y. Times Call for CFPB Action on Subprime Auto Loans
    By Alan S. Kaplinsky
  • Mortgage Company that Entered into CFPB Consent Order Moves to Dismiss Class Action Claims
    By Barbara S. Mishkin
  • Notice and Understand: Disclosures in Mobile Lending
    By Susan M. Manship
  • The CFPB and the Business of Insurance: An Analysis of the Scope of CFPB's Authority Over Insurance Sales
    By James C. Sivon and Adam D. Maarec
  • GAO Report Recommends Increased CFPB Participation in Virtual Currency Efforts
    By Barbara S. Mishkin
  • CFPB to Issue Revised Telephone Survey of Consumers for Arbitration Study
    By Alan S. Kaplinsky
  • State Attorneys General File Lawsuits Using Dodd-Frank Authority
    By Alan S. Kaplinsky
  • Fringe Banking and the Low Income Community: Analysis of Fringe Banking's Impacts, the Available Alternatives and Recommendations for Reform
    By Rouzhna Nayeri
  • 2013 Fisher Memorial Program – The Consumer Finance Market as a Reflection of Growing Income Disparity in America: The Social Benefits and Costs
  • FTC Settlement with Another Debt Collector Over Alleged FDCPA Violations
    By Alan S. Kaplinsky, John L. Culhane, Jr., Glen P. Trudel, Stefanie H. Jackman and Heather S. Klein
  • The U.S. Suitability Rule and Fiduciary Duty and Their EU “Step-Sister”
    By Antonio Marcacci
  • CFPB Issues Changes to TILA-RESPA Integrated Disclosures Rule
    By Marc D. Patterson
  • CFPB Updates Mortgage Rules Readiness Guide to Cover TILA-RESPA Integrated Mortgage Disclosure Rule
    By Marc Patterson
  • HUD “Qualified Mortgage” Definition
    By Stephen F.J. Ornstein, Scott D. Samlin, R. Colgate Selden and Rinaldo Martinez
  • VA Issues “Qualified Mortgage” Definition for VA Guaranteed or Insured Loans
    By Marc D. Patterson
  • Final Rule Conforms Qualified Residential Mortgage Definition to Definition of Qualified Mortgage
    By Michael B. Mierzewski, Christopher L. Allen, Howard L. Hyde and Brian P. Larkin
  • CFPB QM Cure and Other Mortgage Rule Amendments Now Effective; HUD Nixes CFPB Cure for FHA QM Rule
    By Richard J. Andreano, Jr.
  • Consumer Financial Protection Bureau Clarifies New Mortgage Servicing Rules
    By Brian C. McCormally, Michael B. Mierzewski, Christopher L. Allen, Nancy L. Perkins and Brian P. Larkin
  • CFPB Highlights Unlawful Practices by Consumer Reporting Agencies, Debt Collectors and Payday Lenders
    By Alan S. Kaplinsky
  • Supreme Court Reaffirms Basic v. Levinson Presumption of Reliance at the Class Certification Stage
    By Sarah R. Wolff and C. Neil Gray
  • Delaware Court of Chancery Clarifies Contours of Attorney-Client Privilege
    By Perry A. Napolitano and Justin J. Kontul
  • The SEC and the Internet: Regulating the Web of Deceit
    By Lawrence J. Trautman and George P. Michaely, Jr.
  • Federal Reserve Adopts Final Rule Implementing Enhanced Prudential Standards for Certain Domestic Bank Holding Companies and Foreign Banking Organizations
    By David F. Freeman, Jr., A. Patrick Doyle and Brian P. Larkin
  • Ten Current Issues Affecting Consumer Financial Services Law
    By Alvin C. Harrell
  • Vicarious Liability in TCPA Cases
    By Thomas J. Cunningham
  • DOJ and State Obtain First-Ever Settlement Over Allegedly Discriminatory ‘Buy Here, Pay Here' Car Dealership Financing
    By Alan S. Kaplinsky, Peter N. Cubita, Joel E. Tasca and Christopher J. Willis
  • Calls and Texts under the TCPA: Ongoing Litigation and Regulatory Developments
    By Ralph T. Wutscher, Charles Ochab and Eric Tsai
  • CFPB Issues Report on How Medical Debt Impacts Credit Scores
    By John L. Culhane, Jr.
  • Staying TCPA Cases under the Primary Jurisdiction Doctrine
    By Eric J. Troutman, Scott J. Hyman and Divya S. Gupta
  • Dialing Back Standing: Can Anyone Bring a TCPA Claim?
    By David Reidy, Drew Amoroso and Heather Cantua
  • Significant 2014 Case Decisions on TCPA Consent for Calls to Cell Phones
    By Alan S. Kaplinsky, John L. Culhane, Jr. and Mark J. Furletti
  • Debt Collector's Automated Calls Did Not Fall Within TCPA's ‘Prior Express Consent' Exception, Second Circuit Holds
    By Alan S. Kaplinsky, John L. Culhane, Jr., Mark J. Furletti and Joel E. Tasca
  • Is Your Organization in Compliance with State Mini-TCPA Laws?
    By Dominique R. Shelton and David Carpenter
  • Certification of Class Actions under the Telephone Consumer Protection Act and the the Prohibition Against “Fail-Safe” Classes
    By Scott J. Hyman and Eric J. Troutman
  • 2014 UCC Articles 3 and 4 Update – Promissory Notes, Checks, Deposits and Payments
    By Alvin C. Harrell
  • CFPB Provides Guidance on Ability-to-Repay Rule Application to Assumptions of Residential Mortgage Loans
    By Richard J. Andreano, Jr.
  • 2014 Update – UCC Article 9
    By Alvin C. Harrell
  • CFPB Issues Final Rule Allowing Alternative Online Delivery Method for Annual Privacy Notices
    By Barbara S. Mishkin
  • Oklahoma Comments and the 2010 Amendments to UCC Article 9
    By Fred H. Miller
  • FTC Brings First ROSCA Enforcement Action
    By Alan S. Kaplinsky and Kim Phan
  • The Not-So-Uniform Uniform Law – Oklahoma's Unamended Article 9
    By Brooke M. Donnelly
  • What Lies Ahead for Non-Bank Auto Lenders under the Proposed Larger Participant Rule?
    By John L. Ropiequet
  • Studies Question Value of Expected CFPB Payday Loan Limits
    By Alan S. Kaplinsky
  • Leading Industry Trade Groups Comment on HMDA/Reg. C Proposal
    By Reid F. Herlihy
  • News Groups Oppose Opt-In for CFPB's Disclosure of Complaint Narratives
    By Barbara S. Mishkin

*Notice to Readers: The Quarterly Report is a research tool designed to help readers find and understand applicable laws, cases, and regulations. It also provides a forum for advocates of change. While the content of the Quarterly Report is believed to be accurate, the Conference cannot be responsible for errors. Readers are cautioned to consult primary authority before formulating or relying on a legal position. The views expressed in the Quarterly Report are solely those of the authors and do not necessarily represent the views of the Editor, the Conference on Consumer Finance Law, or the members of the Governing Committee. Opposing views are welcome and will be considered for publication.

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