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26 Apr 2009, 10:10 pm
The package consists of drafts of the following:   National Consumer Credit Protection Bill 2009 (the National Credit Code is a Schedule to this Bill) National Consumer Credit Protection (Transitional and Consequential Provisions) Bill 2009 National Consumer Credit (National Credit Code) Regulations 2009 National Consumer Credit Protection (Transitional and Consequential Provisions)… [read post]
1 Jun 2024, 8:15 am by Ronald Mann
The difficulty arises because amendments to the National Bank Act in the 2010 Dodd-Frank Act offered a detailed standard for courts to use in considering whether the National Bank Act preempts a state “consumer financial law” like the one at issue here. [read post]
18 Sep 2017, 12:04 pm by Alan S. Kaplinsky
This past January, the CFPB filed a lawsuit against TCF National Bank in Minnesota federal district court that alleged that the bank, in connection with offering overdraft services, violated the Consumer Financial Protection Act’s UDAAP prohibition and Regulation E (which implements the Electronic Funds Transfer Act). [read post]
20 Mar 2009, 11:07 am
  Writing for the court, Judge Frank Easterbrook noted that (1) the plaintiff's state law claims were preempted by the National Bank Act and (2) the plaintiff's Truth-in-Lending Act/Reg Z claim that she did not receive proper notice of the repricing was not tenable. [read post]
15 Aug 2014, 3:00 pm by Sabrina I. Pacifici
We do not survey federal agencies, or state agencies that have only one function such as regulating securities, insurance or banking; those agencies also receive numerous consumer complaints every year and make educational resources available to the public. [read post]
28 Jan 2016, 9:29 am by Mark F. Anderson
Besides the three national agencies, the report includes information on agencies that provide reports on employment screening, tenant screening, consumers’ use of bank accounts, medical histories, and other specialized areas of interest to creditors. [read post]
22 Nov 2019, 8:41 am by Karen Breda
Boston College’s current students, faculty and staff now have online access to twenty of the National Consumer Law Center’s treatises and formbooks in the NCLC Digital Library as well as access to the NCLC print treatises. [read post]
19 Jul 2011, 1:59 pm by randal shaheen
The Bulletin also states that national banks should ensure that the audit and compliance functions provide for sufficient consumer protection transaction testing (i.e. fees and disclosures), and BSA/AML and OFAC compliance. [read post]
9 Oct 2017, 12:08 pm by Barbara S. Mishkin
” Even if a bank’s violations of federal consumer financial laws “are deemed not to technically constitute unsafe or unsound banking practices, it may still demonstrate a pattern of wrongdoing causing unacceptable harm to its customers, such that continuing to enable it to engage in the business of banking distorts the regulatory purpose of providing national banks charters, deposit insurance and other benefits. [read post]
30 Oct 2013, 9:32 am by Alan S. Kaplinsky
  The consumer groups named on the October 24, 2013 letter included the National Consumer Law Center, Consumer Federation of America, Consumers Union and Center for Responsible Lending. [read post]
1 Mar 2012, 11:54 am by Alan S. Kaplinsky
Stan is no stranger to our consumer financial services and mortgage banking lawyers. [read post]
2 Sep 2011, 1:09 pm by Alan White
On August 1 the Ninth Circuit Court of Appeals held that a consumer's California law claims against a national bank for improper repossession were not preempted by the National Bank Act and OCC regulations. [read post]
24 May 2021, 2:14 pm by Barbara S. Mishkin
  According to the report, the Group is noted for its work with banks and non-banks on the full range of consumer finance regulatory matters, including credit cards, mortgage, and auto finance issues. [read post]
14 Aug 2009, 1:53 am
The dispute over pre-dispute arbitration agreements between consumers and corporations continues, but the credit card issuers took a significant body blow last month when revelations were made about the National Arbitration Forum's involvement in the process.Yesterday Bank of America announced that it is dropping a requirement that forces consumers with disputes on credit cards and other accounts [read post]
1 Feb 2018, 5:48 am by Barbara S. Mishkin
  Passed by a voice vote, the bill would allow a federal savings association to exercise the powers of a national bank without converting to a national bank charter. [read post]
30 May 2019, 8:57 am by Alan S. Kaplinsky
The order states that the FDIC determined that the bank violated the TCPA and its implementing regulations by continuously calling consumers at numbers listed on the National Do Not Call Registry or by calling consumers who had asked to be placed on the bank’s internal do not call list. [read post]
9 Jul 2020, 9:57 am by Mindy Harris
Still, there may be opposition to the OCC payments charter from state banking regulators and licensing authorities as well as consumer groups who also opposed the OCC FinTech charter. [read post]
6 Dec 2020, 10:48 pm by Adam Levitin
If it's possible to get a national banking charter without being an insured depository or subject to the Bank Holding Company Act or the Community Reinvestment Act, ever tech company and its mother is going to be lining up to become a national bank. [read post]
29 Aug 2017, 10:00 am by ernst
Eventually, banks themselves became mobile, placing irresistible pressure on states to eliminate local restrictions on consumer finance. [read post]