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California Department of Business Oversight will monitor licensees’ compliance with face covering guidance
The California Department of Business Oversight announced that it will monitor licensees’ compliance with face covering guidance issued by the California governor and the California Department of Public Health. All customers must be required to wear appropriate face coverings under circumstances outlined in the guidance, and those who refuse to comply and do not meet the outlined exemptions should be refused entry to banks, credit unions, and other places of business.
Vermont Department of Financial Regulation issues alert regarding mortgage assistance program
On July 10, the Vermont Department of Financial Regulation issued an industry alert highlighting the Vermont Covid Emergency Assistance Program, which makes available $5,000,000 to qualifying Vermont homeowners who have missed mortgage payments due to the Covid-19 emergency. Payments from the program will be made directly to mortgage servicers on behalf of qualifying consumer applicants. Upon payment, the mortgagor will no longer be considered to be liable with respect to those payments. Servicers are requested to provide a contact name for the company that the Vermont House Finance Agency may use in connection with the program.
Minnesota Commerce Department issues guidance related to temporary resident insurance producer licenses
On July 10, the Minnesota Commerce Department issued Regulatory Guidance 20-34, which provides information relating to the issuance of temporary resident insurance producer licenses. The Minnesota Department of Commerce will issue temporary producer licenses to applicants who meet the requirements for resident licensure under Minnesota law without requiring examination or the submission of fingerprints, subject to conditions set forth in the guidance. To apply for the license, the sponsoring insurer or agency must submit the application on behalf of the temporary producer licensee. The license will be valid for 180 days, it may not be renewed or reinstated if it lapses, and it may not be converted to a regular producer license.
Oklahoma amends order providing emergency relief
On July 10, the Oklahoma governor issued a second amended Executive Order 2020-20 extending the state of emergency. Among other things, the order extends all occupational licenses issued by an agency, board, or commission of Oklahoma that expire during the state of emergency until 14 days following the withdrawal or termination of the order.
Pennsylvania governor issues order staying certain foreclosure and eviction actions
On July 9, the Pennsylvania governor issued an order staying requirements for certain actions related to the dispossession of property. The order stays notice requirements under Act 6 and Act 91 for the initiation of foreclosure actions between July 10 and August 31. The order also stays notice requirements under the Landlord and Tenant Act of 1951 and the Manufactured Home Community Rights Act for the same period. These suspensions only apply to matters involving nonpayment and proceedings related to the removal of tenants who have held over or exceeded the term of the lease, and do not apply to requirements relating to evictions for other breaches. Further, the order does not apply in certain instances set forth therein, including for federally-backed loans for which the moratorium on foreclosures and evictions has been extended until August 31, 2020, by the VA, USDA, FHA, and FHFA.
Michigan regulator announces that annual regulatory assessment invoices have been emailed to insurers
The Michigan Department of Insurance and Financial Services (DIFS) announced that, in light of many offices working remotely during the Covid-19 outbreak, it has emailed invoices for annual regulatory assessments to licensed insurance companies. Previously, these invoices were typically mailed. As such, all licensed insurers should have received their electronic invoices on or before June 30. DIFS encouraged insurers to use the its e-payment option to pay the invoice.
District court preliminarily approves $6.8 million TCPA settlement
On July 6, the U.S. District Court for the Eastern District of California granted preliminary approval to a nearly $6.8 million settlement between class members and a collection agency that allegedly violated the TCPA, FDCPA, and California’s Rosenthal Fair Debt Collection Practices Act by making calls using an autodialer or prerecorded voice in an attempt to collect purported debts. The lead plaintiff filed a proposed class action suit in 2016 against the collection agency claiming he received at least 25 calls to his cell phone even though he never consented to receiving such calls in the first place and had instructed the collection agency to stop calling him.
According to the court’s order, the settlement consists of two sub-classes: (i) one class of individuals from anywhere in the U.S. who subscribed to call management applications and received automated calls from the defendant without providing the proper consent; and (ii) another class of individuals living in California who received automated calls from the defendant regarding their purported debts. The terms of the settlement provides for a $1.8 million cash fund and requires the forgiveness of nearly $5 million in outstanding debts for class members with existing accounts owned by either the collection agency or one of its affiliates.
Kansas issues executive order regarding vehicle registration
On July 8, the Kansas governor issued Executive Order No. 20-55, which amends provisions in Kansas law related to drivers’ license and vehicle registration during the state of disaster emergency. Among other things, the executive order extends the deadline for new Kansas owners that have purchased a new or used motor vehicle on or after January 1, 2020, to make an application for vehicle transfer, certificate of title, and registration. The applicable deadline depends upon when the motor vehicle was purchased.
Arizona Supreme Court requires CARES Act attestations in eviction proceedings
On July 7, the Arizona Supreme Court issued Administrative Order No. 2020-105 regarding the disposition of residential eviction cases during the Covid-19 public health emergency. Among other things, the order requires any complaint seeking eviction for non-payment of rent for any part of the period between March 27 and July 25, 2020 to include an attestation by the plaintiff that the property in which the tenant resides is not covered by the CARES Act.
State Issues, Covid-19, District of Columbia, Consumer Credit, Credit Report, Consumer Finance
On July 7, the Kansas Office of the State Bank Commissioner again extended its remote work guidance for mortgage companies, mortgage loan originators, supervised loan licenses, credit service organizations, money transmitters, and credit notification registrations, previously covered here. With the update, working from home is permitted through September 15.