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Potential CFPB Reform in the Wake of the Election

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The results of the recent election have led to speculation regarding what legal changes are in store for the consumer financial services industry and the CFPB in particular.  Although President-elect Trump and other Republicans have made statements regarding “dismantling” the Dodd-Frank Act, few concrete proposals have been put forward.  In…

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DC Court of Appeals Rules CFPB Director's "For-Cause Only" Removal Unconstitutional; Reinforces Long-Standing RESPA Interpretation

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Today the United States Court of Appeals for the DC Circuit issued its long-awaited ruling in the PHH v. CFPB appeal (opinion here).  LLW has written about the PHH case here and here before, and below are some quick takeaways from the court’s 110-page ruling for industry watchers: The court determined that…

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Hefferon to Co-Chair ACI's 26th National Consumer Finance: Class Actions & Litigation Forum in Chicago

Goodwin Procter partner Thomas Hefferon will serve as co-chair of the July 28-29, 2016 conference, and will speak on a panel titled “Fair Lending: Managing and Defending Against Claims of Discriminatory, Predatory, and Abusive Lending and Assessing the Status of ‘Disparate Impact’ in Lending Litigation and Enforcement” on July 29, 2015.

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Eleventh Circuit Appellate Panel Finds FDCPA Claims Not Preempted by the Bankruptcy Code on Time Barred Debts

In an opinion issued May 24th in two consolidated cases, a federal appellate panel for the Eleventh Circuit could not find an “irreconcilable conflict” between the Bankruptcy Code and the Fair Debt Collections Practices Act (“FDCPA”) as determined by the district court in a putative class action brought by bankruptcy debtors…

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Yenouskas To Give Strafford CLE Webinar On Defending Consumer Finance Class Actions

Joe Yenouskas, a partner in Goodwin Procter’s Consumer Financial Services Litigation Group, will speak on a June 2, 2016 webinar about consumer finance class actions. His presentation will examine recent developments and trends in class action claims alleging violations of federal consumer protection laws governing the financial services industry, including…

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Consumer Financial Protection Bureau Proposes Rules Prohibiting Class-Action Waivers in Arbitration Agreements

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On May 5, 2016, the Consumer Financial Protection Bureau issued long-expected proposed rules that will drastically limit the use of pre-dispute arbitration clauses in contracts for consumer financial products and services. First, the proposed rules would prohibit pre-dispute arbitration agreements that bar consumers from filing or participating in a class…

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Federal Trade Commission Issues Report to the Consumer Financial Protection Bureau of its Enforcement of the Fair Debt Collection Practices Act

On February 12, 2016, the Federal Trade Commission (FTC) issued a report to the Consumer Financial Protection Bureau regarding its efforts to implement the Fair Debt Collection Practices Act.  The full report can be reviewed here. According to the report, in 2015, the Commission: coordinated the first federal-state-local enforcement initiative targeting deceptive…

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Tenth Circuit Bankruptcy Appellate Panel Approves Settlement Agreement with Foreclosing Lender Over Objections of the Debtor

Often overlooked by lenders and servicers, sometimes striking a deal with the Chapter 7 Trustee in bankruptcy court, is the more prudent and cost effective approach to resolving frivolous lawsuits filed by defaulting borrowers in state court.  In Brumfiel v. Lewis, Chapter 7 Trustee, et al. (In re Lisa Kay…

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Hefferon Serves As Co-Chair and Panelist for ACI's 24th National Conference on Consumer Finance Class Actions & Litigation Conference – January 26-27, 2016

Thomas Hefferon, chair of Goodwin Procter’s Consumer Financial Services Litigation Practice, will serve as a conference co-chair and speak on a panel regarding the CFPB’s increasing regulation of the consumer finance industry titled “Evaluating the Lessons Learned from Recent CFPB Enforcement Actions, Regulation of Arbitration Agreements in Consumer Credit Contracts,…

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Permut to Speak at ACI’s 19th National Forum on Residential Mortgage Litigation & Regulatory Enforcement in San Francisco – January 14-15, 2016

David Permut, a partner in Goodwin Procter’s Consumer Financial Services Litigation Practice will speak on the panel ” Focus on Class Actions: New Trends in Certification Motions; the Latest on Early Resolution and Settlement Strategy; Recent CAFA and Removal Developments; and Reviewing Campbell-Ewald v. Gomez on Rule 68, Offering Relief…

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Goodwin Procter Sponsors ABA Consumer Financial Services Committee Winter Meeting in Park City, UT - January 9-12, 2016

Don’t miss the Goodwin Procter team (Margaret Crockett and David Permut) at the Welcome Reception on January 9, 2016 at 6:30.  Other highlights of the Winter Meeting, include: a panel presentation called “RESPA Update: Lighthouse, and PHH, and MSAs, oh my!” and a CLE Program presented by the Housing Finance Subcommittee,…

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Supreme Court Again Confirms That Class Action Arbitration Waivers Are Valid, Even In California

Facing yet another issue involving the arbitration of consumer disputes, the United States Supreme Court on December 14, 2015 held that a class action waiver clause was valid even when the contract incorporated state law standards that would have voided the waiver. The decision continued the Court’s trend toward enforcement…

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Happy Birthday to LenderLaw Watch!

On Friday, November 13, LenderLaw Watch celebrated its first birthday! On behalf of our bloggers and all of us at Goodwin Procter‘s Consumer Financial Services Litigation Practice, we want to mark the happy occasion by saying thank you to our readers! We look forward to another year of trend tracking…

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Hefferon And Permut To Speak About Litigation Trends At MBA's Regulatory Compliance Conference in DC

David Permut, a partner in Goodwin Procter’s Consumer Financial Services Litigation Practice will be a panelist September 20, 2015 at the Mortgage Bankers Association’s Regulatory Compliance Conference in Washington DC.  Permut’s panel will be reviewing claims against the mortgage industry, including buybacks and repurchases, claims related to MERS, UDAAPs and claims…

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Hefferon Serves As Co-Chair And Panelist At ACI's 23rd National Conference On Consumer Finance Class Actions & Litigation – July 27-28, 2015

Goodwin Procter partner and chair of the firm’s Consumer Financial Services Litigation Practice, Thomas Hefferon, will serve as the conference co-chair and speak on a panel titled “Consumer Finance Class Action Litigation and Settlement Trends and New and Emerging Procedural Considerations: Certification and Other Procedural Developments, Offers of Judgment/Full Relief,…

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New York’s Highest Court Clarifies Judicial Foreclosure Standing Requirements

Editor’s Note:  This post was guest-authored by Joseph Yenouskas, a partner in Goodwin Procter’s Consumer Financial Services Litigation Group who focuses on general civil litigation in federal and state trial and appellate courts, with a particular emphasis on defending financial institutions and mortgage lenders in complex consumer class action lawsuits. The…

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CFPB Receiving Plenty of Advice on Proposed Regulation of Payday Lending

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State and federal regulation of payday lenders is far from a new phenomenon.  Recently, litigation against entities using the “tribal lending” model, and government attempts to suppress certain online lending programs via Operation Chokepoint have put the spotlight back on industry.  In past articles, we have noted that the Consumer Financial…

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