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MoFo Reenforcement

The Enforcement Blog

CFPB Issues RFI on Guidance and Implementation Support

Posted in CFPB

On March 29, 2018, the CFPB issued a Request for Information on the CFPB’s guidance and implementation support. The RFI is the tenth in a series that solicits public feedback on the Bureau’s operations and the regulations for which it is responsible. A press release accompanying the RFI states that the Bureau will be “assessing the overall effectiveness and accessibility of its guidance materials and activities” and “considering whether it would be appropriate to make changes to the formats, processes, and delivery methods for providing this guidance,” as well as the “disclaimers used on certain forms of guidance.”

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CFPB Issues RFI on Inherited Regulations

Posted in CFPB

On March 26, 2018, the CFPB published a Request for Information on the CFPB’s inherited regulations and inherited rulemaking authorities. The RFI is the ninth in a series that solicits public feedback on the Bureau’s operations, and the regulations for which it is responsible. Comments on the RFI regarding inherited regulations are due by June 24, 2018.

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CFPB Requests Feedback on Adopted Regulations

Posted in CFPB

On March 21, 2018, a CFPB Request for Information on the CFPB’s adopted regulations and rulemaking authorities was published in the Federal Register. This RFI is the eighth in a series that, collectively, solicits public input on the full scope of the Bureau’s operations. In this latest RFI, the CFPB seeks input on whether it should “amend those rules it has promulgated since [the Bureau’s 2011] creation or issue certain new rules.” Comments are due by June 19, 2018.

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EVENT: LendIt Fintech USA 2018

Posted in Events

Tuesday, April 10, 2018
11:10 a.m. – 11:50 a.m.

Moscone West Convention Center
800 Howard St.
San Francisco, CA 94103

On April 10, Senior Counsel Oliver Ireland will moderate the “How Central is Fintech to the Central Bank? Feds Perspective on Fintech” panel at Lendit Fintech USA 2018.

Click here for more information.

Senate Passes Financial Regulatory Reform Bill

Posted in Regulatory Developments

On March 14, 2018, the U.S. Senate passed S. 2155, the “Economic Growth, Regulatory Relief, and Consumer Protection Act.” If enacted into law, S. 2155 would provide modest regulatory relief to regional and community banks, among other things. The bill passed the Senate with bipartisan support through a vote of 67 to 31. In this Client Alert, we provide a general summary of some of the principal components of S. 2155.

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Financial Services Report – Spring 2018

Posted in Arbitration, CFPB, Credit Cards, Electronic Payments, Enforcement Actions, Fair Lending, Investigations, Mobile Payments, Mortgage, Payday Lending, Preemption, Privacy, Regulatory Developments, State Regulators

The 2018 Winter Olympics are over. We watched two 17-year-olds win gold medals in sports that didn’t exist when we were 17. The Garlic Girls, with nicknames from their favorite breakfasts, and the U.S. men’s team won medals in curling. No Miracle on Ice for the U.S. men’s hockey team, but the U.S. women’s team won gold. With almost 3,000 athletes representing 90 countries plus the Olympic Athletes of Russia, it was three weeks of kissing, cursing on national TV, stress knitting, and cheerleading.

Here at home, Acting CFPB Director Mick Mulvaney has lost no time in issuing a new mission statement and announcing a “call for evidence” about every aspect of the CFPB’s functions. Senator Elizabeth Warren and others are actively and loudly opposing these actions every step of the way. Fasten your seatbelts, we are in for a bumpy ride.

Read on for all the news on the CFPB, the other federal banking agencies, AML/BSA, FinTech, privacy, and the rest of our Reports.

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CFPB Requests Feedback on Rulemaking Process

Posted in CFPB

On March 7, 2018, the CFPB released a Request for Information regarding the Bureau’s rulemaking process, the seventh RFI in its initiative to reexamine the Bureau’s existing policies and procedures under Acting Director Mick Mulvaney’s leadership. Through this latest RFI, the Bureau seeks feedback “on all discretionary aspects of the Bureau’s [rulemaking] processes, including current practices, timelines, and potential improvements in each stage of these processes.”

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FDIC Enters Consent Order with Bank Regarding Prepaid Card Disclosures

Posted in Enforcement Actions

On March 7, 2018, the FDIC entered into a consent order with The Bancorp Bank for allegedly inaccurate disclosures concerning the amount of transaction fees assessed on cardholders. This consent order is the latest in a series of consent orders from federal agencies in recent years regarding allegedly inadequate or misleading account disclosures.

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SEC Breaks Silence on Certain Cryptocurrency Exchanges

Posted in Regulatory Developments

On March 7, 2018, the staff of the Divisions of Enforcement and Trading and Markets of the SEC issued a public statement regarding exchanges and other secondary trading platforms that list and/or facilitate the trading of coins and tokens online. The statement emphasizes that platforms offering the trading of digital assets that are securities, including many (if not all) coins and tokens issued through initial coin offerings (ICOs), must register with the SEC as a national securities exchange or operate under an exemption from such registration. The SEC statement addresses an apparently widespread misunderstanding that industry participants could operate such online coin or token exchanges without registering as an exchange, alternative trading system (ATS), or broker-dealer.

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CFPB Requests Feedback on Public Reporting of Consumer Complaints

Posted in CFPB

On March 1, 2018, the CFPB released its sixth Request for Information as part of its initiative to reexamine the Bureau’s existing policies and procedures under Acting Director Mick Mulvaney’s leadership. This RFI addresses how the Bureau analyzes and reports consumer complaint information. The RFI requests feedback to assist the Bureau in “assessing potential changes that can be implemented to the Bureau’s public reporting practices of consumer complaint information, consistent with law,” and solicits suggestions as to “whether any changes to the practices would be appropriate.”

Read our client alert.