Compliance Now

Bringing clarity and insight to the consumer protection regulations impacting your business

Feb 16, 2018

CFPB Opens Itself for Public Comment

The Consumer Finance Protection Bureau (CFPB) continues to see big changes under the leadership of Acting Director Mick Mulvaney and is now opening itself up to public comment.  Mulvaney, a Trump appointee, has sought to reorient the CFPB’s enforcement priorities towards a less punitive and more even-handed application by opening a dialogue with businesses to [...]

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Jan 26, 2018

Mulvaney Directs CFPB Staff to Focus on Real Harms

In a leaked email to staff on Tuesday, Consumer Financial Protection Bureau (CFPB) Acting Director Mick Mulvaney declared that the old days of “pushing the envelope” are no more and the Bureau will realign its mission to act with “humility and prudence.” Since the Bureau’s creation, financial service providers, members of Congress, and other political [...]

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Jan 18, 2018

Mulvaney Seeks Public Comments in Reshaping the CFPB

Acting Director of the Consumer Financial Protection Bureau (CFPB) Mick Mulvaney continues to rapidly reshape the CFPB in a stark break from the practices of former Director Richard Cordray, who resigned in late November to run for Ohio Governor. On Tuesday, the Bureau announced its intention to reexamine its “Payday Rule” imposing a suite of [...]

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Jan 09, 2018

Leadership Transition Creates New Opportunities for Companies Targeted by the CFPB

Richard Cordray’s November resignation as head of the Consumer Financial Protection Bureau (CFPB) – and the ensuing battle for acting directorship between President Trump appointee Mick Mulvaney and CFPB Deputy Director Leandra English – has created turmoil but opened a new avenue for cases currently on the agency’s docket. The situation has garnered intense interest [...]

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Dec 28, 2017

FCC and FTC Agree to Coordinate Online Consumer Protection

As 2017 comes to a close, the FCC’s repeal of “net neutrality” regulations grabbed the headlines for several weeks. At a high level, through its Restoring Internet Freedom Order, the FCC repealed Obama-era regulations prohibiting internet service providers (“ISPs”) from selectively prioritizing certain types of internet traffic to consumers by classifying them as Title II [...]

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Dec 06, 2017

Increased Attorney General Charity Enforcement Continues

‘Tis the season for giving, and charitable organizations continue to find themselves on the receiving end of growing scrutiny from state attorneys general. Ohio is the most recent state whose attorney general has sued a nonprofit charitable organization. Attorney General Mike DeWine sued Cops for Kids, its organizers Thomas Duffy and Charles Hitzel, and for-profit [...]

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Dec 04, 2017

FCC Approves New Data-Gathering Broadcast Signal

On November 16th, the Federal Communications Commission (FCC) voted 3-2 to allow television broadcasters to voluntarily use Next Gen TV. The new technology gives advertisers substantially more data about consumers’ viewing habits. Formally known as ATSC 3.0, Next Gen TV is a broadcasting signal that employs more precise geolocation technology. The advantage to consumers is [...]

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Nov 17, 2017

Cordray’s Departure as Head of CFPB Opens Door for New Agency Direction

Richard Cordray recently announced his departure as director of the Consumer Financial Protection Bureau (CFPB) amid growing speculation that he will run for governor of Ohio. Cordray, a former Ohio attorney general and state treasurer, is widely regarded as a top Democratic candidate in the upcoming gubernatorial race. Cordray proved to be a controversial figure [...]

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Nov 01, 2017

Gatorade Videogame Bolt! Advertising Misleading, Says CA Attorney General

The California Attorney General recently settled with Gatorade over allegations that the company made misleading statements about water in its mobile videogame “Bolt!” Called an “advergame,” the settlement serves as a warning to companies that regulators are looking beyond traditional advertising for violations of consumer protection laws. Users played the game as Olympic Gold Medalist [...]

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Oct 26, 2017

Senate Votes to Overturn CFPB Arbitration Rule

In a 51-50 vote, with Vice President Pence breaking the tie, the Senate voted to overturn the Consumer Financial Protection Bureau’s (CFPB) controversial arbitration rule using the Congressional Review Act. The rule would have generally prohibited consumer financial services companies from including class action waivers in binding arbitration agreements and imposed onerous reporting requirements.  We [...]

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