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June

10
2025
Compliance

Is the ‘Clarified’ AAA Clause Registration Rule Clear Enough?

Effective May 1, 2025, the American Arbitration Association (“AAA”) amended its Consumer Arbitration Rules, including Rule 12 dealing with the registration of consumer arbitration clauses.  The AAA stated that its goal was to “clarify” the rules in order to maintain “fairness” and “transparency.”  Nevertheless, the recent Eleventh Circuit in its opinionMerritt Island Woodwerx, LLC v. Space Coast Credit Union raises the question whether Rule 12, as applied by the AAA in practice, has been clarified enough.

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June

10
2025
Industry News

CFPB Signals Review of Mortgage Servicing and Larger Participant Rules

Last week, the Consumer Financial Protection Bureau (CFPB or Bureau) submitted several regulatory proposals to the Office of Management and Budget (OMB) for review. Among the rules under consideration are those related to loan originator (LO) compensation and discretionary mortgage servicing, governed by the Truth in Lending Act (Regulation Z) and the Real Estate Settlement Procedures Act (Regulation X). Additionally, the CFPB is reviewing its “larger participant” rules, which define the scope of its supervisory authority over major players in the debt collection and consumer credit reporting sectors. These rules, currently in “prerule” status, are under scrutiny by the OMB.

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June

9
2025
Trends

Revolving Credit Jumped in April as Consumers Loaded Up on Card Debt

The paydowns earlier this year were temporary. And as the latest consumer credit data from the Federal Reserve on Friday (June 6) indicated, consumers turned to credit as a way to pay for goods and services, in an April rush that indicates they sped up purchases as tariffs took effect that same month.

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June

9
2025
Compliance

Managing the Managers: Governance Risks and Considerations for Employee Monitoring Platforms

In today’s hybrid and remote work environment, organizations are increasingly turning to digital employee management platforms that promise productivity insights, compliance enforcement, and even behavioral analytics. These tools—offered by a growing number of vendors—can monitor everything from application usage and website visits to keystrokes, idle time, and screen recordings. Some go further, offering video capture, geolocation tracking, AI-driven risk scoring, sentiment analysis, and predictive indicators of turnover or burnout.

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June

6
2025
Industry News

FTC Permanently Bans Debt Collector for UDAP and FDCPA Violations

On April 30, the FTC filed a stipulated order for a permanent injunctive relief and a monetary judgment against a Georgia-based debt collection company and its owner, which the court granted on May 9, to resolve allegations that the company used false claims, threats, and harassment to collect more than $7.6 million in bogus debts.

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