Insights Past Issues

Share
  • Client Alert
    November 1, 2018

    On September 30, the Governor of California signed into law Senate Bill No. 1235, which amends the California Financing Law (previously known as the Finance Lenders Law) to impose new disclosure requirements on licensed commercial lenders and brokers including for online lending programs doing business in California.

  • Client Alert
    May 24, 2018

    A recent decision from the U.S. Court of Appeals for the Third Circuit has created a circuit split in how the federal circuit courts have interpreted the statute of limitations as it applies to the Fair Debt Collection Practices Act.

  • Client Alert
    August 17, 2017

    Compliance with the Telephone Consumer Protection Act has never been simple, and a number of conflicting and confusing rulings over the last several years have made it that much more difficult. The TCPA contains a confusing array of regulations depending on what kind of phone is being called, who is calling and what purpose the call serves, and whether the person being called has given permission.

  • Client Alert
    July 12, 2017

    More than a year after the Consumer Finance Protection Bureau submitted a proposed rule to limit consumer financial services contract arbitration clauses, the CFPB sounded the death knell on July 10, 2017, when it released its long-awaited final rule.

  • Client Alert
    June 13, 2017

    In a unanimous decision on June 12, the United States Supreme Court held that a purchaser of defaulted debt who pursues repayment is not a “debt collector” under the Fair Debt Collection Practices Act.

  • Client Alert
    May 19, 2017

    The Supreme Court continues to redefine the scope of the Fair Debt Collection Practices Act, with one highly anticipated ruling issued this week and another expected before the Court adjourns for the summer in late June.

  • Article
    The Banking Law Journal
    May 2017 (Originally Published March 8, 2017)

    This article discusses a financial institution’s obligation to manage risks of its HELOC Home Equity Line of Credit portfolio, focusing on the applicable regulatory requirements and restrictions on the ability to freeze or reduce HELOCs during the draw period.

  • Client Alert
    April 17, 2017

    2016 was a record year for filings under the Telephone Consumer Protection Act of 1991. In 2016, litigants filed 4,860 TCPA lawsuits, an increase of nearly 32% from 2015. But what does 2017 hold? What can companies who call customers to service or collect debts expect?

  • Client Alert
    February 22, 2017

    The U.S. Court of Appeals for the D.C. Circuit made headlines following its decision in the PHH Corporation et al. v. Consumer Financial Protection Bureau case. The Court found that the CFPB’s single-director, removable-only-for-cause structure was unconstitutional. However, the Court has now vacated that order in its entirety and set the case to be heard again en banc.

  • To the Point!
    Legal, Operations, and Strategy Briefs for Financial Institutions
    February 7, 2017

    In this edition: 

    • Mortgage Servicing Foreclosure Practices
    • OCC Semiannual Risk Perspective 
  • Client Alert
    January 24, 2017

    In one of his first Presidential acts, President Trump has named Commissioner Ajit Pai as Chairman of the Federal Communications Commission. Chairman Pai has become well-known for his dissenting opinions during his time with the FCC, including his dissent to the most recent Telephone Consumer Protection Act Omnibus Ruling and Order issued in July 2015.

  • To the Point!
    Legal, Operations, and Strategy Briefs for Financial Institutions
    December 6, 2016

    On Friday, Comptroller of the Currency Thomas Curry announced that the Office of the Comptroller of the Currency will issue limited-purpose bank charters to qualified fintech companies.

  • To the Point!
    Legal, Operations, and Strategy Briefs for Financial Institutions
    November 29, 2016

    In this edition:

    • Deposit Insurance Determination Rule
    • FFIEC Revises Its Consumer Compliance Rating System
    • Servicemembers
  • Client Alert
    October 20, 2016

    The U.S. Court of Appeals for the D.C. Circuit heard oral argument yesterday in a consolidated case arguing that the Federal Communication Commission has overstepped its bounds in its most recent interpretation of the Telephone Consumer Protection Act.

  • Client Alert
    October 19, 2016

    On October 11, the U.S. Court of Appeals for the D.C. Circuit issued an important decision involving the Consumer Financial Protection Bureau. Not only did the Court find that the agency’s structure was unconstitutional, it also ruled that the CFPB violated due process, and is subject to the statutes of limitations embodied in the laws it seeks to enforce. 

  • To the Point!
    Legal, Operations, and Strategy Briefs for Financial Institutions
    May 25, 2016

    In this edition:

    • NACHA Operating Rules — New Unauthorized Entry Fee
    • Customer Due Diligence — Beneficial Ownership Rule
    • Limited English Language Proficiency Customers
  • To the Point!
    Legal, Operations, and Strategy Briefs for Financial Institutions
    April 19, 2016

    In this edition:

    • Recent Action by the OCC of Special Concern for Directors, Senior Managers, and Compliance Officers
    • FDIC Provides Additional Guidance on Corporate Governance
  • Client Alert
    Client Alert
    January 2016 (Originally Published August 11, 2015)

    The Banking Law Journal republished a Chapman Client Alert.

  • To the Point!
    Legal, Operations, and Strategy Briefs for Financial Institutions
    September 23, 2015

    In this edition:

    • CFPB Guidance on Private Mortgage Insurance Cancellation
    • FDIC Announces Settlement with Credit Card Issuer Related to the Sale of Add-On Products 
    • Servicemember Updates
    • Eleventh Circuit Rules on Applicability of FDCPA to Bank
  • To the Point!
    Legal, Operations, and Strategy Briefs for Financial Institutions
    July 29, 2015

    In this edition:

    • Telephone Consumer Protection Act Declaratory Ruling
    • CFPB First Monthly Complaint Report
    • Treasury Department Inquires about Marketplace Lending
  • To the Point!
    Legal, Operations, and Strategy Briefs for Financial Institutions
    July 6, 2015

    In this edition:

    • Servicemembers Update
    • CFPB Consumer Complaint Narratives
    • Private Student Loans and Cosigners
  • To the Point!
    March 25, 2015

    In this issue: 

    • CFPB Arbitration Study: First Step to Restricting their Use?
    • 7th Circuit Requires Servicers to Credit Payments on the Day Authorized
    • Target Data Breach Settlement
  • To the Point!
    Special Edition: To the Point!
    December 10, 2014

    The Consumer Financial Protection Bureau has issued its 800+ page proposed rule (with commentary) on prepaid cards.

  • To the Point!
    Special Edition: To the Point!
    November 13, 2014

    The Consumer Financial Protection Bureau has issued a proposed rule that would bring prepaid products under the Electronic Fund Transfer Act and make the protections currently afforded to credit cardholders under Regulation Z applicable when credit features are obtained in connection with a prepaid account.

  • To the Point!
    November 12, 2014

    In this issue:

    • Department of Housing and Urban Development 2013 Disparate Impact Rule is Vacated
    • FFIEC Cybersecurity Guidance
    • 2014 Federal Interagency Fair Lending Hot Topics Webinar
  • To the Point!
    November 5, 2014

    In this issue:

    • Qualified Mortgage Points and Fees Cure
    • Posting Privacy Notices Online
    • National Survey of Unbanked and Underbanked Households