Primary Sources

This 2024 FDIC Amicus Brief in National Association of Industrial Bankers v. Weiser (D. Colo. Apr. 23, 2024) supports Colorado's legislation opting out of out-of-state, state banks' ability to export their home state rate caps to Colorado.

This is a 2011 letter from the FTC Chair to a Congressman concerning the enforcement of the Credit Repair Organizations Act (CROA) and its impact on legitimate credit repair organizations. The letter discusses the advance fee ban in detail and finds partial payments for intermediate steps to be an evasion of the advance fee prohibition.

A 2024 opinion letter from the Vermont Department of Financial Regulation, stating that a particular earned wage advance provider, FlexWage, did not need a lender license or a money transmitter license, where it contracted directly with employers and integrated its program with the employer's payroll and other data, and the employer rather than the provider funded the advances.

This is a 2023 amicus brief filed by EPIC and NCLC in a TCPA case asking the Ninth Circuit to rehear en banc the opinion below in Borden v. eFinancial, LLC, 53 F.4th 1230 (9th Cir. 2022).  The amicus brief argues that the opinion unnecessarily guts the autodialer restriction. By inserting the phrase “number” into “random or sequential number generator,” the Borden decision ensures that the autodialer restriction will no longer cover the most common automated dialing equipment.

Mortgage Servicer Duty of Good Faith (2023) establishes a duty of good faith for mortgage servicers. Violation of that duty can stay a foreclosure or declare a completed foreclosure sale void.  Other private remedies are set out and limits on the consumer’s waiver of rights or remedies are restricted.

Model State Foreclosure Rescue Fraud Prevention Act (2008) sets out standards for when a purported absolute conveyance of title is in fact security for the performance of an obligation and deemed to be an equitable mortgage. All foreclosure rescue transactions (as defined) are equitable mortgages and disclosure must be made on any deed concerning the application of the Foreclosure Rescue Fraud Prevention Act.  The model limits the enforceability of  such a deed and provides rights and remedies for the homeowner to recover title to the property.

This is a November 14, 2014, letter from a number of consumer groups and law firms representing consumers to the Director of FHFA concerning the fact that that Fannie Mae’s and Freddie Mac’s then current guidelines regarding the treatment of credit reporting disputes impinges on the rights of consumers under the Equal Credit Opportunity Act (ECOA). More importantly, lenders who reject applicants because of disputed tradelines because they are unwilling to manually underwrite the loan appear to be directly violating the ECOA.

The FTC  policy statement provides guidance regarding its enforcement of various statutes and FTC regulations addressing negative option marketing and operating. 

The Consumer Financial Protection Bureau (CFPB or Bureau) amends Regulation Z, which implements the Truth in Lending Act (TILA), to address late fees charged by card issuers that together with their affiliates have one million or more open credit card accounts (referred to as ‘‘Larger Card Issuers’’ herein). This final rule adopts a late fee safe harbor threshold of $8 for those issuers and provides that the annual adjustments to reflect changes in the Consumer Price Index (CPI) do not apply to this $8 amount.