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                  Financial Services
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
                       
                                                                                            By: Brett J. Ashton, Kay Dee Baird, David A. Bowen,  and Scott S. Morrisson
                                                                                             on  January 13, 2025
                                                                     
                     Many financial institutions use the services of technology companies like Facebook or Google to track and record customer interactions with their website through the use of Meta Pixels, Internet Cookies, or other tracking technology to continually improve the ways in which they service their… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Brett J. Ashton and Alexus D. Lucas
                                                                                             on  November 11, 2024
                                                                     
                     On October 22, 2024, the Consumer Financial Protection Bureau (the “CFPB”) released its final rule (the “Rule”) on Personal Financial Data Rights under Section 1033 of the Consumer Financial Protection Act. The Rule requires data providers to make consumer’s covered data electronically available to… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
                       
                                                                                            By: Brett J. Ashton, Michael J. Messaglia,  and Maria Vladimirova Geltz
                                                                                             on  July 1, 2024
                                                                     
                      With the pace of regulatory rulemaking and overall regulatory burden facing the financial services industry, it would be understandable if the significance of a U.S. Supreme Court decision about the number of observers on a fishing vessel required under a regulation from the National Marine… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Michael J. Messaglia
                                                                                             on  April 4, 2024
                                                                     
                     The U.S. Department of the Treasury recently released a comprehensive report on managing artificial intelligence (AI) specific cybersecurity risks within the financial services sector. The Report was issued as just one of the steps mandated by Executive Order 14110 on Safe, Secure, and Trustworthy… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Laurie A. Martin Montplaisir and Brett J. Ashton
                                                                                             on  October 9, 2023
                                                                     
                     The California Department of Financial Protection and Innovation (“DFPI”) recently adopted a new unfair, deceptive, and abusive acts and practices regulation (the “UDAAP Regulation”) appliable to commercial lenders extending credit to small businesses (defined as a business with annual gross… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Brett J. Ashton
                                                                                             on  June 26, 2023
                                                                     
                     Financial institutions offering auto loans to Indiana borrowers will soon be able to record their lien interests electronically. This electronic lien system is only provided by third-party vendors approved by the Indiana Bureau of Motor Vehicles (the “BMV”). These third-party vendors assess a fee… Read More  
                 
                    
                                                                                
                       
                                                                                                                    March 23, 2023
                                                                     
                     Earlier this week, the Indiana Supreme Court issued its long-awaited decision in the matter of Decker v. Star Financial Group, Inc., Supreme Court Case No. 22S-PL-305, 2023 WL 2583381 (Ind. Mar. 21, 2023), in which the Court addressed the enforceability of arbitration clauses in certain deposit… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Laurie A. Martin Montplaisir and Brett J. Ashton
                                                                                             on  February 13, 2023
                                                                     
                     The New York Department of Financial Services (“NYDFS”) finalized the New York Commercial Finance Disclosure Law (“NYCFDL”) regulation on February 1, 2023. The NYCFDL disclosure rule (“NY Disclosure Rule”) is effective on August 1, 2023, and with few exceptions, closely tracks disclosure… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Brett J. Ashton
                                                                                             on  February 1, 2023
                                                                     
                     The Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) continued its campaign against financial services fees this week with the release of their Proposed Rule on Credit Card Penalty Fees (the “Proposed CARD Act Rule”). The Bureau has rulemaking authority over the federal Truth in… Read More  
      
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