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                  Financial Services
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
                       
                                                                                            By: Kendall A. Schnurpel and Kyle P. Chambers
                                                                                             on  August 18, 2021
                                                                     
                     On July 12, 2021 the U.S. Farm Credit Administration (“FCA”), the federal agency that regulates farm lending, issued an informational memorandum (“Memo”) to its network of farm credit institutions. The Memo recommends considerations when deciding whether to provide financing to farmers seeking to… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Micah J. Nichols and William J. Barkimer
                                                                                             on  May 26, 2021
                                                                     
                     Recently, the Indiana Court of Appeals issued an opinion that offers some guidance on how to properly change a joint account with rights of survivorship while living. In Solomon v. Lindsey, 163 N.E.3d 302 (Ind. Ct. App. 2020), Paul Martin (“Martin”) opened an account with Rydex Series Trust. On the… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Maria Vladimirova Geltz
                                                                                             on  May 13, 2021
                                                                     
                     Proposed Rule to Postpone Implementation of Debt Collection Final Rules to January 29, 2022 In late 2020, the United States Consumer Financial Protection Bureau (“CFPB”) issued final rules to revise Regulation F, 12 C.F.R., part 1006, which implements the federal Fair Debt Collection Practices Act… Read More  
                 
                    
                                                                                
                       
                                                                                                                    April 23, 2021
                                                                     
                     Indiana Governor Holcomb signed Senate Enrolled Act 370 into law yesterday, providing a clear restatement of the statute of limitations to be applied for purposes of resolving disputes regarding deposit accounts. As we have written extensively over the past two years, Indiana’s banks and credit… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
                       
                                                                                            By: Kendall A. Schnurpel and Kyle P. Chambers
                                                                                             on  April 20, 2021
                                                                     
                     On Monday, April 19, 2021, the U.S. House of Representatives passed the Secure and Fair Enforcement Banking Act of 2021 (the “Act”).  The legislation was reintroduced in Congress in late March through a bipartisan effort involving members of both the U.S. House of Representatives (House) and the… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
                       
                                                                                            By: Scott S. Morrisson, Brett J. Ashton,  and Blake P. Holler
                                                                                             on  April 7, 2021
                                                                     
                     The TCPA Issue
 There has been a significant amount of litigation over the past few years regarding the Telephone Consumer Protection Act (“TCPA”) on the issue of whether banks or credit unions are violating the TCPA when they call their customers using certain automatic telephone…
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                                                                                            By: Brett J. Ashton
                                                                                             on  March 29, 2021
                                                                     
                     On March 23, 2021 Illinois Governor J.B. Pritzker signed Senate Bill 1792 ("SB 1792") into law, making the “Illinois Predatory Loan Prevention Act” (“PLPA” or the “Act”) immediately effective. The PLPA is a far reaching law that every lender directly, or even indirectly conducting business in… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Brett J. Ashton
                                                                                             on  January 13, 2021
                                                                     
                     Early this morning the Illinois legislature passed and sent to Governor Pritzker for signature, one of the most restrictive consumer lending bills seen in decades that, if signed, will have far reaching implications for not only the payday lending and sub-prime lending industry, but traditional… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: C. Daniel Motsinger
                                                                                             on  January 6, 2021
                                                                     
                     The United States Bankruptcy Court for the District of New Mexico recently held that a federal credit union chartered under the Federal Credit Union Act, 12 U.S.C. §§ 1752, et seq., constitutes an “instrumentality of the United States” included in the definition of a “governmental unit” under the… Read More  
      
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