Financial Services
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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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By: Maria Vladimirova Geltz
on January 25, 2023
Corporate awareness of environmental, social and governance (“ESG”) risks has grown significantly in the last decade, making ESG issues a strategic priority for many boards and executives. As a result, companies, both large and small, continue to grapple with how ESG issues affect their risk…
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