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Search OptionsFinancial ServicesArbitration Clauses: Things Every Financial Institution Should Consider Before Agreeing to Arbitrate [WEBINAR]
Partners Libby Yin Goodknight, Scott S. Morrisson, and Brett J. Ashton hosted a webinar on Arbitration Clauses: Things Every Financial Institution Should Consider Before Agreeing to Arbitrate. A recording of the webinar and the slides from the presentation are available here. Want to Change a Joint Account? Put it in Writing!
Recently, the Indiana Court of Appeals issued an opinion that offers some guidance on how to properly change a joint account with rights of survivorship while living. In Solomon v. Lindsey, 163 N.E.3d 302 (Ind. Ct. App. 2020), Paul Martin (“Martin”) opened an account with Rydex Series Trust. On the… CFPB Proposes Two Measures to Address Ongoing COVID-19 Pandemic Concerns
Proposed Rule to Postpone Implementation of Debt Collection Final Rules to January 29, 2022 In late 2020, the United States Consumer Financial Protection Bureau (“CFPB”) issued final rules to revise Regulation F, 12 C.F.R., part 1006, which implements the federal Fair Debt Collection Practices Act… SEA 370 Signed Into Law, Effective Immediately
Indiana Governor Holcomb signed Senate Enrolled Act 370 into law yesterday, providing a clear restatement of the statute of limitations to be applied for purposes of resolving disputes regarding deposit accounts. As we have written extensively over the past two years, Indiana’s banks and credit… Secure and Fair Enforcement (SAFE) Banking Act Passes U.S. House…Again
On Monday, April 19, 2021, the U.S. House of Representatives passed the Secure and Fair Enforcement Banking Act of 2021 (the “Act”). The legislation was reintroduced in Congress in late March through a bipartisan effort involving members of both the U.S. House of Representatives (House) and the… Supreme Court Confirms that to Violate the TCPA your Automatic Telephone System Must Use a Random or Sequential Generator
The TCPA Issue The Illinois Predatory Loan Protection Act is Signed into Law - Regulatory FAQ and PLPA Reporting Notice Released
On March 23, 2021 Illinois Governor J.B. Pritzker signed Senate Bill 1792 ("SB 1792") into law, making the “Illinois Predatory Loan Prevention Act” (“PLPA” or the “Act”) immediately effective. The PLPA is a far reaching law that every lender directly, or even indirectly conducting business in… Indiana Financial Institutions Continue to be Targeted in Class Action Overdraft and NSF Lawsuits
Over the past two years, no fewer than seventeen Indiana banks and credit unions have been targeted with class action lawsuits based on their overdraft fee practices (“Overdraft Cases”), their non-sufficient funds (“NSF”) fee practices (“NSF Cases”), or in many instances, both. While many of these… Illinois Legislature Passes Sweeping Changes to Consumer Lending Laws
Early this morning the Illinois legislature passed and sent to Governor Pritzker for signature, one of the most restrictive consumer lending bills seen in decades that, if signed, will have far reaching implications for not only the payday lending and sub-prime lending industry, but traditional… Bankruptcy Court Holds Federal Credit Union to be Governmental Unit for Purposes of the United States Bankruptcy Code
The United States Bankruptcy Court for the District of New Mexico recently held that a federal credit union chartered under the Federal Credit Union Act, 12 U.S.C. §§ 1752, et seq., constitutes an “instrumentality of the United States” included in the definition of a “governmental unit” under the… CFPB Issues Finalized Changes To Regulation F To Implement The Fair Debt Collection Practices Act
On October 30, 2020, the Consumer Financial Protection Bureau (“CFPB”) issued a final rule (“Final Rule”) that amends Regulation F, 12 C.F.R. part 1006, which implements the Fair Debt Collection Practices Act, 15 U.S.C. 1692, et seq. (“FDCPA”). US Supreme Court Rules Structure of the CFPB Unconstitutional, Preserves Bureau's Authority to Operate
On June 29, 2020, the United States Supreme Court ruled on Seila Law v. Consumer Financial Protection Bureau.1 The Court held that the Consumer Financial Protection Bureau’s (“CFPB”) leadership by a single director removable only for “inefficiency, neglect of duty, or malfeasance in office”… |
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