On June 17, the California DFPI proposed to amend the California Code of Regulations relating to requirements under the Debt Collection Licensing Act (DCLA) and will be accepting comments through July 3. The proposed amendments would define the phrase "net proceeds generated by California debtor accounts" and also clarify annual reporting requirements for DCLA licensees.
Fintech companies Wise and Affirm have revealed that the recent data breach suffered by Evolve Bank impacts some of their customers. The notorious ransomware group LockBit recently threatened to leak data allegedly stolen from the US Federal Reserve. The cybercriminals did leak data on June 26, but it turned out that the files actually originated from an Arkansas-based financial organization, Evolve Bank & Trust.
Quick analysis: Another “Up” Month
In May, TCPA (+20.7%), FDCPA (+25.4%) and FCRA (+4.2%) suits were all up over April, and TCPA (+9.3%), FDCPA (+19.2%) and FCRA (+23.3%) suits were all up YTD as well. Meanwhile, CFPB complaints were a bit down for the month (-5.8%) but still way up for the year (85%!).
The Fourth Circuit, both at the appellate and district court levels, packed several punches in June. At the district court level, a Maryland federal court authored a decision concluding that under the facts at issue, a defendant had not obtained prior express written consent by phone to make certain telemarketing calls. Later in the month, the US Court of Appeals for the Fourth Circuit issued an opinion providing further guidance as to what qualifies as a fax advertisement under the TCPA.
Artificial intelligence (AI) may cut costs, but financial services companies have reportedly been slow to embrace it. That’s according to a report Sunday (June 30) by the Financial Times (FT), which said that regulatory concerns and worries about job losses have kept banks from adopting AI products. “The big banks will definitely not adopt [the technology] as quickly as any of the FinTech,” said Tom Blomfield, co-founder of neobank Monzo and group partner at Silicon Valley startup incubator Y Combinator.