CFPB brings enforcement action against mortgage originator alleging illegal kickbacks

The Consumer Financial Protection Bureau brought an administrative enforcement action yesterday against morgage originator giant PHH Corporation alleging, among other things, violations of the anti-kickback provisions of The Real Estate Settlements Procedures Act (RESPA). To quote the agency's press release: Today, the Consumer Financial Protection Bureau (CFPB) initiated an administrative proceeding against PHH Corporation and […]

Suffolk Law Review Symposium on Credit Scoring and Reporting Now Available Online

Here. Here's a list of the articles: Credit Reports and Employment: Findings from the 2012 National Survey on Credit Card Debt of Low- and Middle-Income Households  by Amy Traub · Medical Debt and Its Relevance When Assessing Creditworthiness by Mark Rukavina  Discriminatory Effects of Credit Scoring on Communities of Color by Lisa Rice and Deidre Swesnik The Misconception of […]

Second Circuit tosses suit against Fed for AIG takeover

A succinct summary of today's opinion in Starr Int'l v. Fed. Reserve Bank of N.Y.: This suit challenges the extraordinary measures taken by FRBNY to rescue AIG from bankruptcy at the height of the direst financial crisis in modern times. In light of the direct conflict these measures created between the private duties imposed by […]

Tenth Circuit rejects “one-sidedness” as defense to arbitration clause

Even as the Supreme Court has aggressively wielded the Federal Arbitration Act to preempt state-law contract rules that prevent arbitration, state courts have still been able to use traditional contract doctrines to invalidate arbitration agreements that are unfairly "one-sided" — for instance, where an agreement provides that a business gets to bring its claims in […]

Paper on the Ethics of Payment Mechanisms

James Angel of Georgetown's Finance Department and Douglas M. McCabe of Georgetown's Management Department have written The Ethics of Payments: Paper, Plastic, or Bitcoin?  Here is the abstract: Individuals and businesses make billions of payments every day in various forms. Payers have choices about what forms of payment they will make, and payees also have […]

In significant victory for tenants, California appellate court interprets Protecting Tenants Against Foreclosure Act to do just that

Last week in Nativi v. Deutsche Bank, the California Court of Appeal applied the federal Protecting Tenants Against Foreclosure Act of 2009 (PTFA) to revive two renters' state-law claims against the bank that bought the property they were renting. Rosario Nativi and her son Jose Perez had been living in their home in Sunnyvale, California, […]

CFPB issues consumer advisory on data breaches (such as the Target data breach)

We've covered the Target data breach and posted pieces (here, for instance) suggesting what consumers can do to mitigate the risks from that breach and others like it. Now, the Consumer Financial Protection Bureau has issued a consumer advisory of its own on the topic. The agency has also issued a press release, which I'm […]

Call for Papers: Legal and Ethical Issues in Predictive Data (Including Consumer Protection Issues)

RESEARCH COLLOQUIUM: CALL FOR PAPERS LEGAL AND ETHICAL ISSUES IN PREDICTIVE DATA ANALYTICS June 19 & 20, 2014 Blacksburg, Va. Abstract Submission Deadline: March 3, 2014 A research colloquium, “Legal and Ethical Issues in Predictive Data Analytics,” hosted by Professor Janine Hiller of Virginia Tech and co-organized by Professor Tonia Hap Murphy of the University […]