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Quarterly Report

Vol. 67, Nos. 3 – 4 (2013)

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In This Issue:

  • DOJ Hits Bank Target in “Operation Choke Point”
    By Marjorie J. Peerce and Jeremy T. Rosenblum
  • Will Ethical Lapses by Class Counsel in TCPA Junk Fax Cases Ever Defeat Class Certification?
    By John L. Ropiequet
  • Federal and Municipal Developments Affecting Debt Collection, Foreclosure, Servicemember and FCRA Requirements
    By Lauren Campisi, Laura Brown, David Thompson, Glenn Knirsch, Bennet Koren, Gabriel Crowson, Robert Savoie and Laura Greco
  • The New Normal: Third-Party Vendors under the Microscope
    By Richard P. Eckman and Andrew R. Mavraganis
  • Chapter 7 Practice from a Trustees' Perspective
    By Sidney K. Swinson
  • CFPB Takes Active Role at Annual Consumer Federation of America Conference
    By Kim Phan
  • Supreme Court Ruling on Class Action Waivers is a Victory for Businesses
    By Thomas J. Cunningham, Martin W. Jaszczuk & Tamra J. Miller
  • CFPB Sends Warning to Mortgage Servicers
    By Michael S. Waldron
  • Summary of Selected Recent CFPB Activities
    By Michael B. Mierzewski, Christopher L. Allen, Brian P. Larkin, Marjorie L. Levine and Harry Wu
  • Checklist for the CFPB Escrow Rule
    By Scott D. Samlin, Stephen F.J. Ornstein and R. Colgate Selden
  • CFPB Ombudsman's Office Issues Second Annual Report
    By Barbara S. Mishkin
  • Loan Originator Compensation Rule
    By R. Colgate Selden, Stephen F.J. Ornstein, Scott D. Samlin and Rinaldo Martinez
  • September and October 2013 Modifications to the CFPB Mortgage-Related Rules
    By Stephen F.J. Ornstein, Scott D. Samlin, R. Colgate Selden and Rinaldo Martinez
  • Federal Financial Regulatory Agencies Propose Appraisal Requirement Exemptions for Certain Higher-Priced Mortgage Loans
    By Reid F. Herlihy
  • At Long Last…New Mortgage Loan Disclosures Issued: TILA and RESPA Engaged! Wedding Set for August 2015
    By Stephen F.J. Ornstein, Scott D. Samlin, Colgate Selden and Rinaldo Martinez
  • CFPB Releases Compliance Costs Report
    By Barbara S. Mishkin
  • Historic Literature Presages Dodd-Frank Act as a Death Knell for Community Banks
    By Ryan T. O’Shields
  • Volcker Rule Agencies Issue Interim Final Rule Exempting TruPS-Backed CDOs
    By Keith R. Fisher
  • U.S. Bank Regulators Issue Final Leveraged Lending Guidance
    By Barbara M. Goodstein, J. Paul Forrester and David K. Duffee
  • CFPB Lawsuit Challenges Loan Officer Bonuses
    By Richard J. Andreano, Jr.
  • Federal Banking Agencies Issue Final Rule to Implement Basel III and Otherwise Revise the Financial Regulatory Capital Framework
    By David F. Freeman, Jr., A. Patrick Doyle, Robert C. Azarow, Kevin F. Barnard, L. Charles Landgraf, Howard L. Hyde, Nancy L. Perkins, Tengfei Wu and Helen Mayer
  • Payday Lender Files Petition to Modify or Set Aside CID
    By Jeremy T. Rosenblum
  • Revisions to Basel Securitisation Framework—Second Consultative Document
    By Kevin P. Hawken, Carol A. Hitselberger, Jason H.P. Kravitt and Stuart M. Litwin
  • CFPB Updates Mortgage Rules Readiness Guide
    By Richard J. Andreano, Jr.
  • Enhanced Prudential Standards for Non-U.S. Banks
    By Kathleen A. Scott
  • Trade Group Criticizes CFPB Reliance on Enforcement and Informal Guidance
    By Alan S. Kaplinsky
  • President Issues Executive Order to Improve Cybersecurity of Critical Infrastructure; Bi-Partisan Cybersecurity Legislation Advances in Congress
    By Marcus A. Asner, Kenneth L. Chernof, Ronald D. Lee, Nancy L. Perkins and Arthur Luk
  • Cybersecurity Framework “Best Practices” Released: What You Need to Know
    By Jonathan S. Feld and Susan E. Asam
  • Cloud Computing, Part Three: Health Care in the Cloud–Think You are Doing Fine on Cloud Nine? Think Again. Better Get Off of My Cloud
    By Joseph I. Rosenbaum and Nancy E. Bonifant
  • New York Subprime Home Loan Thresholds
    By Stephen F.J. Ornstein, Scott D. Samlin, R. Colgate Selden and Rinaldo Martinez
  • Hands Off My Internet! Why the FCC Should Refrain from Regulating the Internet
    By Shanika Chapman
  • Banking on Social Media: The Legal Issues Banks Face When Using Social Media
    By Benjamin C. Bowers
  • Taming the “Wild West”: Regulators Take Aim at Unregulated Virtual Currencies
    By Marcus A. Asner, Andrew Joseph Shipe and Alexandra L. Mitter
  • www.TrademarkOwnersWin.com: The “Law” of ICANN's UDRP
    By Brad A. Madore
  • CFPB Files Amicus Brief in Another FDCPA Case
    By John L. Culhane, Jr.
  • International Motion Picture Piracy in the Digital Age
    By Christin Jeffrey Jones
  • CFPB Bootstraps Purported State Law Violations into Attack on Online Payday Lending Companies
    By Jeremy T. Rosenblum
  • Combating Media Piracy by Foreign Rogue Websites Without Rattling the Internet
    By Hans M. Carlson
  • CFPB Issues Annual CARD Act and HOEPA Adjustments
    By Barbara S. Mishkin*
  • Counterfeits and Countermeasures: The Impact of New Trademark Laws on Phony Goods
    By Grant Davis
  • The Anti-Counterfeiting Trade Agreement and Its Constitutional Dilemma
    By Joseph P. Johnson
  • NACHA Invites Comments on Proposed Rules to Improve ACH Network Quality
    By Alan S. Kaplinsky, Jeremy T. Rosenblum, and Mark J. Furletti
  • A Guide for the Bench and the Bar on How to Evaluate a Digital Forensics Report
    By Daniel B. Garrie and William R. Spernow
  • The CFPB Announces First Enforcement Action Against Payday Lender, Cash America International, Inc.
    By Arthur Rotatori and Glenn Knirsch
  • Eighth Circuit TILA Rescission Decision Rejects CFPB Position
    By Martin C. Bryce, Jr.
  • CFPB Issues Aggressive Rulemaking Agenda
    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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