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"Educational tools may bring regulatory risk for fintech cos." (Law360)
Financial services providers are increasingly combining delivery of products and services with advice designed to help consumers make better-informed financial decisions. Fintech companies, which typically rely upon data and analytics as fundamental components of their business proposition, should...
Articles"Put bank exam council in charge of data privacy" by Jeremiah S. Buckley (American Banker)
From the European Union to California and now other states and countries, data protection and privacy standards going into effect often share the same objectives, but have separate and different regulatory requirements. This creates a confusing array of legal requirements that pose compliance and...
Articles"Adjusting information security for long-term telework" by Amanda R. Lawrence, Elizabeth E. McGinn, and James C. Chou (Bloomberg Law)
Amid a fast-moving pandemic in the spring of 2020, many companies were forced to adopt remote-work operations almost overnight to maintain critical business functions. This approach initially seemed like a temporary and imperfect solution to maintaining workforce safety while continuing essential...
Articles"Some lies matter more than others: Why Congress should consider a 'false statement misdemeanor'" by Preston Burton, Paige Ammons, Bree Murphy, Jackson Hagen (Law.com)
The Department of Justice’s attempted abandonment of the Michael Flynn prosecution has sparked troubling and conflicting questions of political interference, prosecutorial indiscretion and judicial overreach. But a difficult question at the heart of the matter has gone begging: whether there are...
Articles"School of hard knocks: Federal student loan servicing and the looming federal student loan crisis" by Jeffrey P. Naimon, Sasha Leonhardt, and Sarah B. Meehan (American University Administrative Law Review)
Nearly forty-three million Americans collectively owe $1.5 trillion in outstanding student loan debt. Of that, approximately ten percent of student loan debt is over ninety days delinquent or in default, while the actual delinquency rate is estimated to likely be double this amount due to the fact...
Articles"Watching Amazon—How a Hill investigation can morph into criminal inquiry" by Bradley A. Marcus (Bloomberg Law)
Amazon’s regulatory headache became a migraine in May when the House Committee on the Judiciary notified Amazon CEO Jeff Bezos that the company’s statements to Congress about its business practices “appear to be misleading, and possibly criminally false or perjurious.” The committee called on Bezos...
Articles"Resisting temptation in a crisis: Making sure ethics and compliance don’t get diluted under financial strain" co-authored by Daniel R. Alonso (Compliance & Enforcement)
As the pandemic crisis begins its long process of receding, near the top of mind in companies of all sizes is how to thrive, or even survive, with the economy in turmoil. With such pressures, it would be easy for business executives to let compliance issues drop down on their list of priorities...
Articles"What constitutes reasonable security per Calif. privacy law?" by Amanda R. Lawrence and James C. Chou (Law360)
California Consumer Privacy Act compliance has been focused on developing the policies, procedures and infrastructure to support new privacy rights for California residents, which include, among other things, the right to know what personal information companies have on them, the right to delete...
Articles"Accurate FCRA reporting during Covid-19" by Marshall T. Bell and Jessica L. Pollet (Bloomberg Law)
As financial institutions respond to a flurry of regulatory recommendations and mandates in response to the Covid-19 crisis, those relating to consumer reporting may be among the most difficult to decipher and operationalize. Federal and state authorities have made it clear that they expect...
Articles"TCPA relief for Covid-19 communications could extend to financial institutions" by Ali M. Abugheida and Geoffrey L. Warner (Bloomberg Law)
Financial institutions face unprecedented and rapidly evolving challenges in the wake of the Covid-19 pandemic, including the need to communicate quickly and efficiently with customers in the face of government-issued stay-at-home orders. But the Telephone Consumer Protection Act, with its steep...
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