Insights / eventsInsights
Insights / events

Presentation

What’s New in Credit Contracts: Revisions to the Holder Rule

Read Time: 1 min

In the past two years, the FTC and the California Supreme Court have seemingly re-defined the limits on liability under the Holder Rule, including whether prevailing consumers can recover their attorney’s fees under the Holder Rule cap.

Member Jim Sandy (Cleveland) will join a panel, “What’s New in Credit Contracts: Revisions to the Holder Rule,” at The Conference on Consumer Finance Law (CCFL) on May 18, 2023, in Chicago, Illinois. This panel will cover recent developments around the FTC’s Holder Rule and will discuss the current state of the law, strategies for minimizing litigation risk, and best practices for consumer finance companies.

Learn more.

Insights

Presentation

Complex Issues in Foreclosure

October 26, 2023

Member Jim Sandy (Cleveland) will co-present "Complex Issues in Foreclosure," a National Business Institute (NBI) webinar on Thursday, October 26, 2023.

Alert

SCOTUS: “Home Equity Theft” Violates the Takings Clause

May 26, 2023

In a unanimous decision, the Supreme Court held in Tyler v. Hennepin County that a county’s process of retaining the equity in a homeowner’s property constitutes a violation of the Takings Clause of the Fifth Amendment. This decision has important repercussions for not only homeowners but lienholders and loan servicers as well.

Published Article

CFPB: ‘Junk fees’ in auto servicing are unfair, deceptive

April 4, 2023

Continuing its aggressive push of investigating and regulating so-called junk fees charged by banks and financial companies, the CFPB recently issued a special edition of its Supervisory Highlights, which outlines such fees it uncovered in various industries, including auto servicing.

Alert

Taking the Case: SCOTUS to Decide Constitutionality of CFPB

February 27, 2023

Today, the Supreme Court of the United States granted the petitions for writs of certiorari filed in CFPB et. al. v. Com. Fin. Services Assn., where a panel of the United States Court of Appeals for the Fifth Circuit ruled that the Consumer Financial Protection Bureau (CFPB)’s funding mechanism is unconstitutional, and ultimately invalidated the payday lending rule at issue in that case. The Community Financial Services case is the latest in a long line of challenges to the Bureau itself that could have a wide ranging impact on businesses and entities subject to the CFPB’s authority.  

Alert

CFPB Proposes Databases Highlighting UDAAP Judgments, Form Contract Provisions

February 15, 2023

Continuing its trend of aggressive oversight over financial institutions, the CFPB has recently announced proposals to create two publicly accessible databases that, it says, will highlight alleged bad actors, identify systemic unfair and deceptive acts and practices (UDAAP), and increase market transparency and regulatory oversight. This article provides an overview of each proposed registry alongMore