CFPB Counters Preliminary Injunction Efforts in Small Business Lending Rule Lawsuit

Recent developments have surfaced regarding the lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB) final small business lending rule (Rule) lodged in the Kentucky federal court. The CFPB has lodged its opposition to the plaintiff’s motion for a preliminary injunction. Although the full text of the opposition is not immediately available, the CFPB’s exercise of…

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Regulatory Impact on Disposable E-cigarettes, Drinking Water Safety, and AI-Powered Earnings Schemes

The recent State Attorney General (AG) report for August 31, 2023, highlights critical areas where decisions by state and federal regulators are having a significant impact across the US. Among the crucial issues touched on in the report are the rising concern over the surge of illegal disposable E-cigarettes targeting young consumers, looming threats to…

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PG&E Corp Faces Potential $2.5 Billion Damages Amid Negligence Class Action in California Supreme Court

In a case before the California Supreme Court, PG&E Corp faces potential damages exceeding $2.5 billion for alleged negligent power shutoffs. Hailing from St. Helena, California, Anthony Gantner brought forth the negligence class action as an adversary proceeding during PG&E’s bankruptcy. This case presents the California Supreme Court with significant questions regarding the appropriateness and…

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CFPB’s Upcoming Fair Credit Reporting Act Rulemaking: Timeline and Implications for Consumer Finance

In a special three-part series of The Consumer Finance Podcast, Troutman Pepper Partners Chris Willis, Dave Gettings, Ethan Ostroff, and Kim Phan discuss the Consumer Financial Protection Bureau’s (CFPB) plans to propose new rules under the Fair Credit Reporting Act (FCRA). For legal professionals concerned about regulatory changes impacting consumer finance, this analysis provides valuable…

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Navigating Identity Theft Disputes: Understanding Direct and Indirect Obligations Under the FCRA

In a recent podcast episode on Consumer Finance Monitor, discussion concentrated on how both direct and indirect disputes involving identity theft under the Fair Credit Reporting Act (FCRA) should be handled. The episode discussed specific provisions of the FCRA that detail the distinct requirements for how a creditor or other furnisher of information ought to…

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FTC Updates Endorsement Guidelines, Highlights Importance of Fairness and Transparency in Advertising

On June 29, the Federal Trade Commission (FTC) revealed its updated Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Guides”), in tandem with an FAQ document titled “FTC’s Endorsement Guides: What People Are Asking” (“FAQ”). The following day, it unveiled its proposal for a new Trade Regulation Rule on the Use of Consumer…

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Singapore’s MAS Finalizes Stablecoin Regulatory Strategy: Implications for Global Financial Regulators

The Monetary Authority of Singapore (MAS) had been assessing its regulatory approach towards stablecoin-related activities recently. Their finalized approach has maintained its similarity substantially to what had been originally stated in a consultation paper issued on 26th October 2022. This regulatory strategy for stablecoin activities in Singapore sets a precedent and benchmark standards for other…

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SEC Adopts Less Restrictive Rules for Private Funds in Major Regulatory Revamp

In a move observed with great interest by both the corporate legal community and the wider financial sector, the U.S. Securities and Exchange Commission (SEC) recently adopted new rules governing private funds. The sweeping changes come under the Investment Advisers Act of 1940. However, interestingly, these new rules are considerably less restrictive than the version…

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Minneapolis Public Schools Face Major Data Breach Impacting 105,000 Individuals

In a recent development, over 105,000 individuals were notified by Minneapolis Public Schools (MPS) regarding a significant data breach affecting their personal data including Social Security numbers, among other critical identifiers. JD Supra reported this event. On September 5, 2023, MPS became aware of an unauthorized intrusion into its digital systems. As a response to…

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Navigating Asia’s Payment Landscape: A Comprehensive Guide to Regulatory Frameworks

International law firm, Allen & Overy, alongside banking group, Standard Chartered, have introduced a Guide to Payment Regulations, a first of its kind, for enterprises and fintech customers operating in Asia’s fast-developing payments landscape. This guide aims to provide a user-friendly, comprehensive examination of regulatory frameworks influencing payments across eight pivotal Asian markets. According to…

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Navigating New Privacy and Cybersecurity Developments: National Overhauls and State-Level Legislation in Focus

In this month’s legal update on privacy and cybersecurity, we focus on some significant developments in legislation and federal actions. Both the Biden administration and the National Institute of Standards and Technology (NIST) have proposed changes to various aspects of cybersecurity that could have far-reaching consequences for law firms and corporations. Meanwhile, the states of…

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Texas Lawsuit Spurs Debate on Efficient Approach to Nationwide Relief for CFPB’s Small Business Lending Rule

A wave of preliminary injunction motions in the recent Texas lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB) small business lending rule has sparked debate about whether there might be a more efficient route to nationwide relief. Last Thursday, yet another motion was filed, this time by XL Funding, LLC d/b/a Axle Funding, LLC (Axle)…

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Illinois Bolsters Antitrust Enforcement with New Law for Health Care Transactions

On August 11, Illinois Governor J.B. Pritzker took a significant stride in reinforcing Illinois’ antitrust prevention efforts. With his signing House Bill 2222 (Public Act 103-0526) into law, the scope of oversight for the Attorney General’s (AG) office has been broadened, particularly with regard to health care transactions. Under the provisions of the newly enacted…

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Navigating the Legal Maze of Generative AI: Privacy, Safety, and Intellectual Property Challenges

As generative artificial intelligence technologies continue to develop, they carry with them legal implications that are only now starting to unfold through litigation in the United States. These new cases present the unprecedented questions raised by this constantly evolving technology. These questions include issues related to privacy, consumer safety, and intellectual property protection. A handful…

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Navigating Consumer Finance Services: Weekly Updates and Insights for Legal Professionals

The Troutman Pepper Weekly Consumer Financial Services Newsletter for September 2023 offers invaluable information for legal professionals navigating the continuous updates in the Consumer Finance Services industry. Both federal and state level developments are covered in this comprehensive weekly rundown. The newsletter is routinely leveraged by experts in the field to stay informed of key…

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