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“Implications of the SCOTUS Viking River Cruises decision for arbitration agreements covering California consumer protection claims” by Fredrick S. Levin, James McGuire, Sarah Davis, and Lauren L. Erker
For practitioners seeking to send California consumer claims to arbitration, the U.S. Supreme Court’s recent opinion in Viking River Cruises, Inc. v. Moriana (“Viking”), offers guidance for avoiding the pitfalls of California’s McGill rule, which has been a roadblock...
Buckley Commentary & AnalysisSpecial Alert: House subcommittee hears testimony on privacy bill
The House Subcommittee on Consumer Protection and Commerce held a June 14 hearing , “Protecting America’s Consumers: Bipartisan Legislation to Strengthen Data Privacy and Security,” to listen to testimony from consumer advocates and industry representatives on the recently proposed American Data...
Special AlertsSpecial Alert: DOJ settles claims of algorithmic bias
On June 21, the United States Department of Justice announced that it had secured a “groundbreaking” settlement resolving claims brought against a large social media platform for allegedly engaging in discriminatory advertising in violation of the Fair Housing Act. The settlement is one of the...
Special AlertsSpecial Alert: Congress releases draft privacy bill
A comprehensive federal privacy law drew one step closer to reality earlier this month when a bipartisan group of representatives and senators released a draft of the proposed American Data Privacy and Protection Act. Passage of the ADPPA, which combines elements of prior proposals in an effort to...
Special AlertsSpecial Alert: Fed finalizes rule for FedNow platform
The Federal Reserve Board recently issued a final rule for its FedNow instant-payments platform that offers more clarity on how the new service will work while essentially adopting the proposed rule. FedNow will stand alongside private sector initiatives and, like more modern payments systems, will...
Special AlertsSpecial Alert: Eleventh Circuit upholds terms of arbitration agreement in challenge under Dodd-Frank
On May 26, 2022, the United States Court of Appeals for the Eleventh Circuit issued a published decision holding that the Dodd-Frank Act does not prohibit the enforceability of delegation clauses contained in consumer arbitration agreements “in any way.” This opinion is of potentially broad...
Special Alerts"9th Circ. FCRA ruling highlights furnishers' role in disputes" by Sasha Leonhardt and Cierra D. Newman (Law360)
In recent years, consumers have raised a variety of arguments to dispute negative information on their consumer reports — in some instances, raising not only factual questions about the existence or amount of a debt, but also more complex questions about whether a debt is legally permitted under...
ArticlesSpecial Alert: Breaking down the proposed CRA overhaul
The federal banking agencies last week announced their highly anticipated proposal to revamp and modernize regulations implementing the Community Reinvestment Act. The proposal may significantly impact the compliance obligations of large banks, which the proposal generally defines as those with...
Special AlertsSpecial Alert: Federal court says state bank, fintech partner must face Maryland’s allegation of unlicensed lending before state ALJ
A federal court late last month told a state-chartered bank and its fintech partner that they must return to a state administrative law proceeding to fight a Maryland enforcement action alleging that their failure to obtain a license to lend and collect on loans violated state law — potentially...
Special Alerts"Mortgage regulation developments: Qualified mortgage updates and Covid-19 assistance" by Sasha Leonhardt (ABA)
Throughout the past year, the Consumer Financial Protection Bureau (“CFPB”) continued to actively issue rules and other guidance applicable to the mortgage industry. This survey highlights recent developments related to qualified mortgages (“QM”), specifically the publication of four final rules...
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