Articles

03.30.17

CFPB Proposes Delay for Prepaid Rule

In Consumer Financial Protection Bureau (CFPB) news that even opponents praised, the Bureau proposed a six-month delay in the effective date of the final prepaid accounts rule.What happenedIn October 2016, the CFPB finalized the Prepaid Rule, which imposed significant new requirements for prepaid ...


03.30.17

Mortgage Lender Hit With Record HMDA Penalty

In the Consumer Financial Protection Bureau's (CFPB) largest Home Mortgage Disclosure Act (HMDA) penalty to date, the Bureau hit a major mortgage servicer with a $1.75 million penalty for allegedly failing to report accurate data about mortgage transactions over a two-year period.What ...


03.29.17

The Next Big Takings Case... Maybe

"On Monday, March 20, the eyes of the takings world were focused on the U.S. Supreme Court. The lines had been drawn and the chosen warriors assembled. It promised to be a furious battle, for there were not merely two opponents in the ring, there were four: one representing the interests of ...


03.24.17

Four Pitfalls to Avoid in a Cyberinsurance Policy

As more and more companies enter the burgeoning cyberinsurance marketplace, they often ask policyholder counsel like me how they can choose the best cyberpolicy when confronted with so many choices. When the marketplace was still in its infancy just a few years ago, this was a considerably harder ...


03.24.17

Ponzi Schemers Promise Illusory "Hamilton" Tickets

Why it matters: On January 27, 2017, the SEC thwarted a Ponzi scheme where the defendants stand accused of taking an illegal "shot" at cashing in on the smash Broadway musical Hamilton and other high-demand shows by taking advantage of the inflated prices the desperate public would be ...


03.24.17

SEC—Data Analytics Key to Unlocking Fraud Schemes

SEC—Data Analytics Key to Unlocking Fraud SchemesWhy it matters: Data analytics, used by the SEC to find suspicious trading patterns, has in recent years become a formidable weapon in the SEC's arsenal to combat insider trading and other fraudulent trading schemes. Two recent SEC ...


03.24.17

Spotlight on the False Claims Act March 2017

Why it matters: This month, we cover a few of the recent False Claims Act (FCA) resolutions and actions involving the healthcare industry that caught our eye, including the DOJ's decision to intervene in part in a qui tam lawsuit brought against numerous Medicare Advantage healthcare ...


03.23.17

Stop Pulling My Leg: Pully Block Systems Not “Made in USA”

A distributor of pulley block systems agreed to stop making what the Federal Trade Commission said were false, misleading and unsupported claims that its products are “Made in USA.”Texas-based Block Division sells metal pulleys for industrial use (to lift boats, for example, or operate ...


03.21.17

Facebook Scores Second Dismissal in TCPA Suit

For the second time, a California federal court dismissed a Telephone Consumer Protection Act lawsuit against Facebook, ruling that the plaintiff failed to adequately allege that text messages from the social networking site were sent using an automatic telephone dialing system (ATDS).Noah Duguid ...


03.16.17

New in False Ad Suits: Paint, Beer, Dog Food and Shampoo

From paint to beer to dog food to shampoo, consumer class action false advertising suits continue to proliferate.Citing a decision from the National Advertising Division, two plaintiffs filed suit against Rust-Oleum Corporation in Illinois federal court, accusing the company of scamming consumers ...