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March

25
2024
Industry News

CA DFPI Issues Notice of Proposed Rulemaking under the Debt Collection Licensing Act

On February 9, 2024, the Commissioner of the California Department of Financial Protection and Innovation (“DFPI” or “Department”) announced a proposed rulemaking limited to certain requirements related to reporting and assessments under the Debt Collection Licensing Act (“DCLA”).

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March

25
2024
Industry News

Bank Regulators Worry About Merger Systemic Risks, Banks About Fraud

Michael Hsu, acting comptroller of the currency at the Office of the Comptroller of the Currency (OCC), recently voiced support for a new proposal by Federal Deposit Insurance Corp. (FDIC) to apply additional scrutiny when reviewing bank mergers that will result in combined assets that exceed $100 billion.

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March

25
2024
Industry News

Court denies motion for expedited consideration of plaintiff’s preliminary injunction motion in credit card late fees suit

On March 20, 2024, the court forcefully denied the motion for expedited consideration of plaintiff’s preliminary injunction motion in the lawsuit challenging the Consumer Financial Bureau’s (“CFPB”) final credit card late fee rule.

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March

25
2024
Industry News

4th Circuit: Assault settlement, collection fees nondischargeable

Unpaid principal, late payment interest and collection fees due under a settlement agreement for willful and malicious injuries caused by one party’s assault of the other were not dischargeable in the debtor’s bankruptcy, the 4th U.S. Circuit Court of Appeals has held.

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March

25
2024
Industry News

New Florida Bill Creates Customer Complaint and Florida Office of Financial Regulation Investigation Process for House Bill 3, and Potentially Broadens the Scope of Financial Institutions Subject to House Bill 3

On Mar. 8, 2024, the Florida Senate passed (35 YEAS / 3 NAYS) Florida House Bill No. 989 (HB 989 or the Bill), potentially amending section 655.0323, Florida Statutes, Titled, “Unsafe and unsound practices,” which was created by 2023 Florida House Bill No. 3 (HB 3).[1] HB 989, if signed into law, would provide customers who suspect that a financial institution acted in violation of an “[u]nsafe and unsound practice” standard established in section 655.0323 (2), Florida Statutes, with a right to submit a complaint to the OFR, which the OFR would then be required to investigate.

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