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CFPB uses novel interpretation, increases compliance burden for gift card issuers through its first preemption determination

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • April 23 2013

On April 19, 2013, the Consumer Financial Protection Bureau ("CFPB") announced it was making a determination to preempt a provision of Tennessee

Financial services report, Spring 2013

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • March 12 2013

Despite numerous predictions of quick and easy passage, Congress finally passed and President Obama signed into law an amendment to the Federal

Financial Services Report, Winter 2012

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • December 10 2012

On October 1, 2012, the CFPB brought its third major enforcement action against three American Express subsidiaries (“American Express”), requiring American Express to return $85 million to customers and pay approximately $14 million to the CFPB’s civil money penalty fund, with another $14 million in penalties to other regulators

CFPB proposed amendments to Reg. Z ability-to-pay requirements

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • October 19 2012

On October 17, 2012, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule (“Proposed Rule”) to amend the Truth in Lending Act’s (“TILA”) ability-to-pay requirements, as added by the Credit Card Accountability Responsibility and Disclosure Act of 2009 (“CARD Act”) and implemented by Regulation Z

Summary of CFPB notice of intent for gift card preemption determinations

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • August 24 2012

On August 21, 2012, the Consumer Financial Protection Bureau (“CFPB”) published a notice of intent to make a preemption determination on whether provisions of abandoned property laws in Maine and Tennessee relating to gift cards should be preempted by the federal Electronic Fund Transfer Act (“EFTA”), as implemented by Regulation E (“Notice”

CFPB issues compliance bulletin on marketing of add-on products

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • July 21 2012

On July 18, 2012, the Consumer Financial Protection Bureau (“CFPB”) issued a compliance bulletin for credit card issuers on the marketing of add-on products (“Bulletin”

CFPB issues final rule broadly defining larger participants for the consumer reporting market

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • July 17 2012

Yesterday, the Consumer Financial Protection Bureau (“CFPB”) issued a final rule defining certain nonbank “larger participants” in markets for consumer financial products or services

CFPB announces advance notice of proposed rulemaking on general-purpose reloadable prepaid cards

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • May 29 2012

The Consumer Financial Protection Bureau (“CFPB”) has released an advance notice of proposed rulemaking (“ANPR”) to collect information about prepaid cards, specifically general-purpose reloadable prepaid cards (“GPR cards”), including bank-issued GPR cards

CFPB issues proposed rule defining “larger participants” for certain consumer financial markets

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • February 16 2012

Earlier today, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule defining certain “larger participants” in nonbank markets for consumer financial products or services

CFPB releases prototype credit card agreement

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • December 9 2011

On December 7, 2011, the Consumer Financial Protection Bureau (“CFPB”) released a two-page draft of what it described as a “prototype” credit card agreement in connection with its “Know Before You Owe” campaign

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