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Mayer Brown | USA | 5 Jan 2023

CFPB Preliminarily Determines State Commercial Financing Disclosure Laws Not Preempted by Truth in Lending Act

Small business lenders hoping for federal intervention will be disappointed to learn that the Consumer Financial Protection Bureau (CFPB) has reached…
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Sheppard Mullin Richter & Hampton LLP | USA | 5 Aug 2022

4th Circuit: Borrower Must Return Loan Proceeds After Rescission Despite Lender’s Failure to Meet TILA Requirements

Recently, the United States Court of Appeals for the 4th Circuit held that a mortgage servicer’s failure to provide a required disclosure informing…
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Maurice Wutscher LLP | USA | 9 Jun 2022

Illinois App. Court (3rd Dist) Rejects FCRA ‘Punitive Damages’ Claim Due to Insufficient Supporting Allegations

The Appellate Court of Illinois, Third District, recently reversed a trial court’s order dismissing a debtor’s federal Fair Credit Reporting Act…
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Sheppard Mullin Richter & Hampton LLP | USA | 12 Oct 2021

CFPB Opts Not to Take Action Against Banking App

Ahead of an upcoming merger between a digital banking platform and a special purpose acquisition company, both parties disclosed in a regulatory…
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Buckley LLP | USA | 12 Oct 2021

CFPB issue semi-annual report to Congress

On October 8, the CFPB issued its semi-annual report to Congress covering the Bureau’s work from October 1, 2020 to March 31, 2021. The report, which…
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McGuireWoods LLP | USA | 13 Sep 2021

Income Share Agreements - Risks, Rewards, and Regulators

An Income Share Agreement (ISA) is a contract in which a lender gives a student money for education, and in return, the student promises to pay the…
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Greenberg Traurig LLP | USA | 9 Nov 2020

Sixth Circuit Rules Lenders Cannot Rely on Borrowers to Satisfy ‘Ability to Repay’ Rule Under TILA

From late 2007 through much of 2009, the United States endured the "Great Recession" as stocks plummeted, markets froze, and companies crumbled. The…
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Thompson Hine LLP | USA | 20 Apr 2020

Ninth Circuit Gives Interesting Definition of “Consumer Credit” Under TILA and RESPA

Traditionally, the protections afforded by consumer protection statutes, such as the Truth in Lending Act (TILA), Real Estate Settlement Procedures…
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Hogan Lovells | European Union, United Kingdom, USA | 21 Feb 2020

Summary of key U.S. and EU regulatory developments relating to securitization transactions

Numerous regulatory developments were enacted Or proposed in the United States and the European Union in response to the financial crisis…
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Maurice Wutscher LLP | USA | 18 Feb 2020

9th Cir. Affirms Dismissal of TILA Claims as Barred by FIRREA

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a consumer’s Truth in Lending Act (TILA) claim for lack of subject…
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