Catagory:Bureau of Consumer Financial Protection (CFPB)

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K&L Gates Invitation: Distinguished Speaker Program – Michael Turner (R-OH)
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Nanci Weissgold to speak at an IMF Webinar: New Scrutiny: Nonbank Supervision and Enforcement
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K&L Gates Webinar: Cyber-Attacks: Insurance Coverage for Cyber Risks and Realities
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CFPB Widens RESPA Enforcement to Focus on Affiliated Business Arrangement Disclosures
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K&L Gates Legal Insight: Winding the Removal Clock: The Second Circuit Clarifies the Deadline for Removal Under the Class Action Fairness Act
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K&L Gates Legal Insight: Individual Liability in CFPB Enforcement Proceedings
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CFPB Releases Fair Lending Report to Congress
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CFPB Proposes “Points and Fees” Cure for Qualified Mortgages
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K&L Gates Consumer Financial Services Group to Present at MBA Legal Issues Conference in San Diego
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Federal Agencies Propose AMC Minimum Standards

K&L Gates Invitation: Distinguished Speaker Program – Michael Turner (R-OH)

Date: Tuesday, June 24, 2014
Time: 8:30 a.m. EDT
Location: K&L Gates, 1601 K Street NW, Washington, D.C. 20006

K&L Gates is pleased to invite you to our June 24th Distinguished Speaker breakfast with Congressman Michael Turner (R-OH).

Congressman Turner was first elected in November 2002 and currently represents Ohio’s 10th Congressional District. The 10th District is located in southwest Ohio and includes Montgomery and Greene counties and part of Fayette County. Congressman Turner is an attorney and, before being elected to Congress, was in private practice and corporate law for 13 years. He also served as the mayor of Dayton between 1994-2002.

Congressman Turner is a long-time member of the House Armed Services Committee, where he serves as the chairman of the Tactical Air and Land Forces Subcommittee. He is also a senior member of the House Oversight and Government Reform Committee.

Congressman Turner holds a BA in political science from Ohio Northern University, a law degree from Case Western University School of Law, and a MBA from the University of Dayton.

To attend, please click here to register by 5:00 p.m. EDT, Monday, June 23.

 This event is not a fundraiser. To maintain the informality of this event, it is strictly off the record.

K&L Gates Webinar: Cyber-Attacks: Insurance Coverage for Cyber Risks and Realities

Recently, some of the world’s most-sophisticated corporate giants have fallen victim to some of the largest data breaches in history. It is clear that cyberattacks are on the rise with unprecedented frequency, sophistication, and scale. They are pervasive across all industries and geographical boundaries.

The problem of cyber risk is exacerbated not only by increasingly sophisticated cyber criminals and evolving malware, but also by the trend in outsourcing data handling, processing, and/or storage to third-party vendors, including “cloud” providers, and by the simple reality of the modern business world, which is full of portable devices that may facilitate the loss of sensitive information. Read More

CFPB Widens RESPA Enforcement to Focus on Affiliated Business Arrangement Disclosures

By: Holly Spencer Bunting, Anaxet Y. Jones

The CFPB once again has taken aim at affiliated business arrangements (“AfBAs”), only this time, it is targeting AfBA disclosures. In prior enforcement actions, the CFPB focused on the validity of the AfBA, bringing actions against alleged “sham” AfBAs. However, in its most recent enforcement action, the CFPB entered into a consent order with a real estate brokerage company, alleging that it referred consumers to its affiliate, but failed to provide an adequate AfBA disclosure. The CFPB also alleged that the brokerage company improperly required the use of its affiliate title insurance agency.

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K&L Gates Legal Insight: Winding the Removal Clock: The Second Circuit Clarifies the Deadline for Removal Under the Class Action Fairness Act

By: Robert W. Sparkes, III, Brian M. Forbes

When faced with a state court lawsuit, a critical consideration for any defendant is the forum in which to litigate – whether to remain in state court or, if possible, remove the case to federal court. In the case of a putative class action, proceeding in state court under state rules of procedure and other local influences could have significant impact on how the case proceeds. As such, a defendant must first consider whether the claims are removable, and, if removable, what deadline applies to the notice of removal. In assessing the timeliness of removal, a defendant should first look to the statutory deadlines set forth in 28 U.S.C. § 1446(b) (“Section 1446(b)”). However, as the United States Court of Appeals for the Second Circuit recently explained in Cutrone v. Mortgage Electronic Registration Systems, Inc., the provisions of Section 1446(b) do not provide all of the answers.

To read the full alert, click here.

K&L Gates Legal Insight: Individual Liability in CFPB Enforcement Proceedings

By: Jon Eisenberg

To date, the CFPB has brought 12 cases—out of more than three dozen total CFPB enforcement cases—in which it named individuals as defendants or respondents liable for violations of consumer protection statutes. Below, we consider the standards for individual liability in CFPB cases, the actual cases that have been brought, and 10 lessons that can be drawn from these cases.

To read the full alert, click here.

CFPB Releases Fair Lending Report to Congress

By: Melanie Brody, Anjali Garg*

*Ms. Garg is a Law Clerk and is not admitted to practice law. 

CFPB (the “Bureau”) released a report to Congress on its fair lending activities on April 30, 2014. The report highlights the activities of the Office of Fair Lending and Equal Opportunity from July 21, 2012 through December 31, 2013. It provides an overview of the Bureau’s supervision activities and highlights the data collection activities of the Bureau in the areas of mortgage lending, auto finance, and other credit markets. The report explains how the Bureau uses its complaint database, along with regular supervision programs, in order to prioritize its fair lending activities. It also highlights recent CFPB bulletins on indirect auto lending and HMDA reporting.

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CFPB Proposes “Points and Fees” Cure for Qualified Mortgages

By: Kristie D. KullyEric Mitzenmacher

The Consumer Financial Protection Bureau issued a proposed rule requesting public comments on several amendments to its recent mortgage regulations under the Truth in Lending Act (“TILA,” as amended by the Dodd Frank Act). One of those amendments would, if finalized, allow creditors a limited opportunity to “cure” a loan that inadvertently exceeds the three percent limit on points and fees for qualified mortgages (“QMs”). Read More

K&L Gates Consumer Financial Services Group to Present at MBA Legal Issues Conference in San Diego

On May 4-7, 2014 the Mortgage Bankers Association will hold its annual Legal Issues and Regulatory Compliance Conference in San Diego, CA. Several K&L Gates partners from the Consumer Financial Services Group will be presenting at the conference.

Melanie Brody will address “A Look Ahead: HMDA and Fair Lending” on Sunday, May 4, at 4:35 pm.

Krista Cooley will participate on a panel on Tuesday, May 6, at 3:15 pm, entitled “False Claims, Indemnifications, Repurchases and Rescissions.” She will discuss how the False Claims Act is affecting participants in HUD’s Federal Housing Administration loan program.

Andrew Glass will speak on Sunday, May 4, at 1:50 pm in the Litigation Forum on Fair Lending, explaining the status of fair lending/servicing litigation, and specifically the status of challenges to the disparate impact rule, the status of the municipal lawsuits against banks for “predatory” lending, and the HUD complaints by NFHA challenging the maintenance of properties held in REO.

Paul Hancock will address fair lending issues on Tuesday, May 6, at 1:30 pm.

Kris Kully will discuss Dodd-Frank Act amendments to RESPA and TILA on the ever-popular “Essentials: Alphabet Soup of Federal Laws,” on Sunday, May 4, at 1:50 pm.

Larry Platt will speak on Monday, May 5, at 3:15 pm on the “Deep Dive” panel for QRM, the Future of the Secondary Market, and GSE Reform.

Phil Schulman will participate on the panel entitled “A Look Ahead: TILA/RESPA,” on Sunday, May 4, at 3:15 p.m., and then will continue the discussion on the integrated disclosure forms on Monday, May 5, at the “Deep Dive: RESPA/TILA” panel at 3:15 pm.

Nanci Weissgold will present on two panels at the conference. On Sunday, May 4, at 12:30 pm, Nanci will present on a panel entitled “Essentials: Servicing Rule,” focusing on the basics of the CFPB’s Mortgage Servicing Rules. Nanci also will provide more insights into the national servicing standards on the “Deep Dive: Servicing: New Rules, New Developments” panel to be held Monday, May 5, at 1:30 pm.

We look forward to seeing you in San Diego!

 

 

Federal Agencies Propose AMC Minimum Standards

By: Nanci L. Weissgold, Morey Barnes Yost

The April 9 Federal Register contains the announcement for which the appraisal management industry has been waiting for months: the federal banking and finance regulatory agencies’ proposal of minimum standards for appraisal management companies (“AMCs”). Section 1473 of the Dodd-Frank Act requires the agencies – the OCC, FRB, FDIC, NCUA, CFPB, and FHFA (the “Agencies”) -to adopt standards for states to apply in their registration and supervision of AMCs.

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