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“Dormant Commerce Clause” case law continues to evolve

CFPB Monitor

In a recent press release , the Pennsylvania Attorney General announced that settlements have been reached with Delaware and Florida lenders who made allegedly usurious loans to Pennsylvania residents. In apparent support of the settlement, the press release cites the Third Circuit’s decision in TitleMax of Delaware, Inc. I, § 8, cl.

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CFPB holds field hearing on proposed rules for prepaid accounts

CFPB Monitor

Yesterday I attended the Consumer Financial Protection Bureau’s (CFPB) field hearing in Wilmington, Delaware, at which the CFPB unveiled and accepted public comment on its long-awaited proposed rule for prepaid accounts under the Electronic Fund Transfer Act (Regulation E) and the Truth In Lending Act (Regulation Z) (the Rule).

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Third Circuit holds application of PA usury law to auto loans made to PA residents at out-of-state locations does not violate Commerce Clause

CFPB Monitor

The decision could have significant implications for all providers of consumer credit whose operations involve cross-border lending. In TitleMax of Delaware, Inc. Constitution. In concluding there was no Commerce Clause violation, the Third Circuit expressly refused to follow the Seventh Circuit’s decision in Midwest Title Loans, Inc.

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From Farce to Menace

Independent Banker

Talk about your captive regulator! Even more obviously absurd, one provision would allow community credit unions in seven states—Montana, Alaska, Delaware, North Dakota, South Dakota, Vermont and Wyoming—to serve their entire state. When credit unions say “jump,” the NCUA says, “how high?”.

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Washington Watch

Independent Banker

That is why we are calling on regulators to make the most of the latest mandatory review of federal banking rules. The agencies are required to study their regulations for dead weight every 10 years under the Economic Growth and Regulatory Paperwork Reduction Act of 1996. Starting fresh. Community Bankers Chosen as CFPB Advisors.

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Risky times for some Internet lenders

CFPB Monitor

Constitution did not preclude Minnesota from applying its payday lending law to loans consummated in Delaware that are made to Minnesota residents over the Internet. Constitution to avoid application of a borrower’s home state law. In its decision, the Supreme Court ruled that the Commerce Clause of the U.S.

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Sizzle/Fizzle: In Banking, Truth as Currency

PYMNTS

That might impact not just office space, but lending activities and even FinTech. Learning experiences have included $185 million in fines and penalties from regulators (including the CFPB) and a few rounds of public excoriation for its executives on Capitol Hill. Auto lending is big business for Santander — it is $38.5

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