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Utah legislature passes consumer privacy law

CFPB Monitor

Following the lead of California, Colorado, and Virginia, Utah is set to become the fourth state to pass a comprehensive privacy law. As of March 4, the Utah Consumer Privacy Act ( SB 227 ) cleared both houses of the Utah legislature. If signed, the law will go into effect December 31, 2023.

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California Dept. of Business Oversight launches “true lender” investigation of auto title lender’s partnership with Utah bank

CFPB Monitor

Thereafter, “using its existing lending operations and personnel, LoanMart commenced ‘marketing’ and ‘servicing’ auto title loans purportedly made by CCBank, a small Utah-chartered bank operating out of Provo, Utah.” Thus, both the OCC and FDIC have adopted regulations rejecting the Second Circuit’s Madden decision.

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Initial thoughts about the proposed CPRA regulations

CFPB Monitor

In a surprising development, the California Privacy Protection Agency (CPPA) published proposed amendments to the CCPA regulations recently. The proposed amendments—which in effect are the draft CPRA regulations—were issued without advance notice, ahead of the schedule previously announced by the CPPA. .

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CFPB suspending routine supervisory examinations for MLA compliance

CFPB Monitor

We agree with Acting Director Mulvaney that the CFPB lacks statutory authority to examine creditors for MLA compliance. Although supervisory examinations for MLA compliance are expected to come to a halt, the Times reports that the CFPB will continue to pursue cases against creditors for violations of the 36 percent interest rate cap.

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A Utah bank is gone after 16 years of losses. Why did it survive so long?

American Banker

Liberty Bank in Salt Lake City had been "structurally unprofitable" since 2008, according to its regulators. Experts criticized the FDIC for allowing the bank's demise to play out in slow motion.

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Update on state small business commercial financing disclosure laws

CFPB Monitor

Around the nation, regulators are preparing to implement and enforce new consumer-like disclosure laws for small business commercial finance providers. New York regulators have yet to issue final regulations implementing the state’s Commercial Finance Disclosure Law (CFDL), which went into effect on January 1, 2022.

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FDIC's unusual order against tiny Utah bank: Sell yourself or liquidate

American Banker

One of the smallest banks in the country hasn't consistently made a profit since 2007 and has been the subject of enforcement actions. The FDIC's public rebuke against it indicates a last-ditch effort to figure out a less messy solution than receivership.

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