Newsletters

07.09.19

Court Holds Delta’s Privacy Policy Isn’t a Contract

Delta Air Lines scored a victory when a California federal court granted the company’s motion to dismiss a putative class action based on a data breach, primarily by arguing that its publicly posted privacy policy is not a contract and Delta did not have any enforceable obligation to keep the ...


07.03.19

SEC Finalizes Investment Adviser, Broker-Dealer Standards

By a 3-to-1 vote, the Securities and Exchange Commission (SEC) adopted a rulemaking package concerning investment adviser and broker-dealer standards of conduct.


07.03.19

Fed Provides Update on CRA Review

How is the Federal Reserve Board of Governors progressing with its critically important review of the Community Reinvestment Act (CRA)?


07.03.19

Fair Lending: Lawmakers Concerned About Algorithms; CFPB Issues Report

As a more centrist Consumer Financial Protection Bureau (CFPB) issued a modest annual fair lending report, Democratic lawmakers continue to press a far more aggressive fair lending agenda, as reflected by a letter sent by Sens. Elizabeth Warren (D-Mass.) and Doug Jones (D-Ala.) to the Federal ...


07.03.19

CFPB News: Kraninger Steers an Independent Path

CFPB Director Kathy Kraninger continues to chart her own course. CFPB developments include its settlement with a student loan management company, a public hearing on “abusive acts or practices, ” and updated guidance on payday lending. Meanwhile, court developments (on ...


07.03.19

FDIC Issues 2018 “Consumer Compliance Supervisory Highlights”

Improper overdraft fees and prohibited kickbacks were just two of many concerns identified by the Federal Deposit Insurance Corporation (FDIC) in its first-ever publication of “Consumer Compliance Supervisory Highlights” (“Highlights”).


07.03.19

Putative Class Action Attacks Securitization Based On Madden Case

On June 12, 2019, three holders of credit cards issued by a national bank brought a putative class action in the Eastern District of New York directly attacking the bank’s securitization of its credit card receivables based on the Second Circuit’s decision in Madden v. Midland Funding, ...


06.28.19

Utah Seeks Capped Spending, Partial Expansion with Enhanced Match

On May 31, 2019, Utah released a draft Section 1115 waiver application, the Per Capita Cap Demonstration, for public comment.


06.27.19

Five Highlights From a Busy Month for the NLRB

The National Labor Relations Board (NLRB) has been busy the past few weeks.


06.27.19

Supreme Court: Title VII’s Requirements Not Jurisdictional

In a unanimous decision, the U.S. Supreme Court ruled that Title VII’s charge-filing precondition to suit is not a jurisdictional requirement and is instead a procedural prescription that is subject to forfeiture, refusing to permit an employer to use the plaintiff’s alleged failure to ...