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Victoria Holstein-Childress Davis Wright Tremaine LLP

Results 1 to 5 of 5



CFPB’s first enforcement action warns financial institutions about liability for third party activities on their behalf; related compliance bulletin offers guidance *

USA - July 25 2012
On July 18, 2012, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) marked its one-year anniversary by announcing its first public enforcement action with an Order requiring Capital One Bank to refund approximately $140 million to two million customers and to pay a $25 million civil monetary penalty to settle charges that some of its third party call-center vendors used “deceptive marketing tactics” to pressure or mislead consumers into paying for ancillary products to the bank’s credit cards.

Co-authors: Erin Nedenia Reid.


CFPB launches inquiry regarding consumer arbitration, seeking public comment *

USA - April 25 2012
On April 24, 2012, the Consumer Financial Protection Bureau (“CFPB”) issued a “Request for Information Regarding Scope, Methods, and Data Sources for Conducting Study of Pre-Dispute Arbitration Agreements” (“Request”).

Co-authors: Erin Nedenia Reid.


FinCEN proposes customer due diligence requirement of beneficial ownership identification to enhance federal anti-money laundering and counterterrorism efforts *

USA - March 27 2012
On Feb. 29, 2012, the Financial Crimes Enforcement Network (FinCEN) issued an advance notice of proposed rulemaking (ANPR) seeking comments on a proposed customer due diligence (CDD) regulation that would explicitly require covered financial institutions to institute defined programs to identify the real or beneficial ownership of accountholders.

Co-authors: Lisa B. Zycherman.


Second Circuit (again) rules that arbitration clauses that diminish vindication of federal claims are not enforceable *

USA - February 21 2012
The ping-pong match between the Second Circuit and the U.S. Supreme Court regarding the enforceability of arbitration provisions continues.

Co-authors: Lisa B. Zycherman.


Supreme Court upholds mandatory pre-dispute arbitration clause in credit card agreements *

USA - January 24 2012
In an 8-1 decision on January 12, 2012, the U.S. Supreme Court upheld mandatory pre-dispute arbitration clauses in consumer credit card contracts covered by the Credit Repair Organizations Act, 15 U.S.C. § 1679 et seq.

Co-authors: Daniel Davies .