Consumer Financial Protection Bureau

“Buy now, pay later” companies have exploded in popularity over the past year, largely through integration into retailers’ online checkout platforms. Often presented during checkout next to traditional payment methods like credit and debit cards, BNPL companies invite consumers to make purchases over a few payments with zero interest. There are, however, fees for missed payments, late payments, or payments rejected for insufficient funds. Moreover, BNPL offerings may occupy a gray zone apart from typical credit transactions or loans which could exempt them from all sorts of laws and regulations.
Continue Reading Challenges for “Buy Now, Pay Later” Industry May Affect Retailers

In the wake of all the controversy about the CFPB abusing its power or not yielding enough reform comes the latest development from the judicial branch regarding the structure of the CFPB, which again raises questions about the ability of the agency to bring new claims or perhaps even enforce past consent decrees.
Continue Reading SDNY Judge Holds CFPB’s Structure Is Unconstitutional and Dismisses Agency from Lawsuit

From the outset it was clear that Mr. Mulvaney’s tenure as acting director of the CFPB would be a political flashpoint. This article provides a brief update of the actions taken in the first three months of Mick Mulvaney’s term.
Continue Reading The New CFPB – A Review of Actions Taken by Acting Director Mulvaney During the First Three Months of his Tenure

On July 10, 2017, in a 775-page release, the Consumer Financial Protection Bureau (“CFPB”) issued its long-awaited final arbitration rule (“Arbitration Rule”) pertaining to consumer finance contracts. The Arbitration Rule, which until now was in the comment stage with its final issuance in question, largely mirrors the proposed rule from May 2016, with a few

As with other areas of the law, the recent presidential election will present both challenges and opportunities for retailers concerned with financial and securities regulation. The appointment of financial markets regulators is one of the principal means by which the President affects regulation of financial markets, which in turn could affect the availability of credit for retailers and the overall economic environment in which they operate.
Continue Reading Trump Administration’s Impact on Financial Services Regulation and the SEC