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Special Alert: Colorado enacts comprehensive consumer privacy law
On July 7, the Colorado governor signed SB 21-190 to create the Colorado Privacy Act (CPA) and establish a framework for personal data privacy rights. Colorado now joins Virginia and California as the third state in the nation to enact comprehensive consumer privacy laws. In 2018, California became...
Special AlertsSpecial Alert: CFPB specifies pandemic foreclosure protections and signals tight supervision and enforcement around servicer efforts
The Consumer Financial Protection Bureau’s Covid-relief mortgage servicing rule issued yesterday steered away from a nationwide foreclosure freeze as initially proposed, instead creating heightened protections for those borrowers who became seriously delinquent during the pandemic. The distinction...
Special Alerts"Lessons from the DA’s race: Manhattan voters don’t embrace radical criminal justice reforms" by Daniel R. Alonso (Daily News)
It’s over, sort of. Manhattan has never seen a district attorney election (well, primary, but let’s not quibble) like this one. Nine candidates threw their hat in the ring, and astonishingly, eight stuck it out to the end. We don’t yet have definitive results, but the in-person vote shows Alvin...
Articles"Opinion: How mortgage servicers can prepare for a crackdown from the CFPB” by Sasha Leonhardt, Jon Langlois, and David McGee (National Mortgage News)
The Consumer Financial Protection Bureau is drawing a line in the sand for the mortgage servicing industry with new guidance and proposed revisions to its mortgage servicing rules. The CFPB expects that the impending expiration of federal foreclosure and forbearance protections for mortgagees will...
Articles"The pendulum always swings twice: Disparate impact under the Obama, Trump, and Biden administrations" by Jeffrey P. Naimon and Sasha Leonhardt (American Bar Association Consumer Financial Services Committee Newsletter)
For over forty years, courts took the lead on interpreting the Fair Housing Act’s (“FHA’s”) prohibition on discriminatory housing practices, including home mortgage lending. While different administrations have varied as to whether the Supreme Court’s disparate impact theory from the Griggs v. Duke...
Articles"Wall Street money a canard in DA race" by Daniel R. Alonso (Daily News)
In a year when more than a dozen people are running for New York City mayor, the race for Manhattan district attorney is not getting much attention. That’s a mistake. A vacant seat in this crucial office — which has only had four incumbents in the past 83 years, going back to Thomas E. Dewey — is a...
ArticlesSpecial Alert: CFPB proposes to halt foreclosure starts from August 31 until 2022 and create new loss mitigation requirements for servicers
The Consumer Financial Protection Bureau on April 5 issued a proposal that would broadly halt foreclosure initiations on principal residences from August 31, 2021 until 2022, and change servicing rules to promote consumer awareness and processing of Covid-relief loss mitigation options. Although...
Special Alerts"Reaching overseas: U.S. AML reform expands foreign bank subpoena power" by Daniel R. Alonso and Benjamin W. Hutten (American Bar Association Section of International Law Newsletter)
In one of its first acts of 2021, the United States Congress enacted the Anti-Money Laundering Act of 2020 (AMLA), which significantly expands the U.S. government’s ability to subpoena records of foreign banks held outside the United States. Before the enactment of AMLA, the USA PATRIOT Act...
Articles"The Trump test for the next DA: Who can oversee what could be a complex, high-stakes prosecution?" by Daniel R. Alonso (DailyNews)
We are now less than 90 days from the primary for Manhattan District Attorney. As the race heats up, so does the investigation of the Trump Organization and former President Donald Trump. The question voters should be asking is whether any of the eight candidates to succeed DA Cy Vance has what it...
ArticlesSpecial Alert: Supreme Court narrows TCPA autodialer definition
On April 1, the United States Supreme Court issued its long-awaited opinion in Facebook Inc. v. Duguid . The 9-0 decision narrows the definition of what type of equipment qualifies as an autodialer under the Telephone Consumer Protection Act (TCPA), a federal statute that generally prohibits calls...
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