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September

18
2024
Industry News

DIALING INTO TCPA: Court Expands ‘Residential’ to Cellphones in a Post-Loper World

Hot off the press is a case decision to put on your radar! In Lirones v. Leaf Home Water Sols., L.L.C., No. 5:23-cv-02087, 2024 U.S. Dist. LEXIS 165900 (N.D. Ohio Sept. 16, 2024), the United States District Court for the Northern District of Ohio addressed a critical question under the TCPA: Can cellular telephone users be considered “residential telephone subscribers” for purposes of the Do Not Call Registry protections under 47 U.S.C. § 227(c)?

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September

18
2024
Compliance

CFPB Report Highlights ‘Aggressive,’ ‘Illegal’ Medical and Rental Debt Collection Practices

On September 5, 2024, the Consumer Financial Protection Bureau (CFPB) released its annual report on debt collection, drawing attention to a range of activities with respect to medical and rental debt collection that the CFPB describes as “aggressive” and “illegal.”

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September

18
2024
Strategy

What to Know About Rule 1033 as Open Banking Continues to Evolve

Open banking — relatively well-entrenched in Europe, nascent here in the United States — is taking shape largely by directive, through regulations and standards that give a roadmap to how financial data is permissioned by consumers and shared with financial services providers.

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September

17
2024
Industry News

CFPB Takes Action to Stop Banks from Harvesting Overdraft Fees Without Consumers' Consent

Today, the Consumer Financial Protection Bureau (CFPB) published guidance to help federal and state consumer protection enforcers stop banks from charging overdraft fees based on phantom opt-in agreements. Phantom opt-ins occur when banks claim they have customers’ consent to charge overdraft fees but there is no proof they actually obtained that consent. Under the Electronic Fund Transfer Act, banks cannot charge overdraft fees on ATM and one-time debit card transactions unless consumers have affirmatively opted in.

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September

17
2024
Industry News

FTC Sends More Than $2.6 Million to Consumers Harmed by FloatMe’s Deceptive and Discriminatory Lending Practices

The Federal Trade Commission is sending more than $2.6 million in refunds to consumers harmed by online cash advance provider FloatMe. The company deceived consumers with false promises of “free money” and discriminated against some consumers who applied for cash advances.

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