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State AGS file summary judgment motion in lawsuit challenging FDIC “Madden-fix” rule

CFPB Monitor

The Attorney Generals of the six states and District of Columbia who filed a lawsuit against the FDIC to set aside its “ Madden -fix” rule have filed a motion for summary judgment in the case. The lawsuit is pending before the same California federal district court judge (Judge Jeffrey S.

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FDIC files summary judgment motion in lawsuit challenging its “Madden-fix” rule

CFPB Monitor

The FDIC has filed a motion for summary judgment in the lawsuit filed by the Attorney Generals of six states and District of Columbia to set aside the FDIC’s “ Madden -fix” rule. The filing also includes the FDIC’s opposition to the summary judgment motion filed by the AGs.

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Seven states and D.C. file lawsuit challenging FDIC “Madden fix” rule

CFPB Monitor

The plain language of the governing federal statute applies only to interest that an FDIC-insured state bank may charge. Allegedly, the FDIC’s rule represents an expansion of the FDIA’s preemption of state law interest rate caps by extending the preemption to assignees of loans originated by such banks.

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Conference of State Bank Supervisors files new lawsuit to block OCC approval of Figure Technologies charter application

CFPB Monitor

federal district court to block the OCC from granting a national bank charter to Figure Technologies Inc. According to CSBS, Figure’s charter application is intended to further “the OCC’s stated goal of deliberately maneuvering around the adverse [New York federal district court ruling in Vullo v. 7.4007, 7.4008, 34.4)

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The CFPB Found Unconstitutional…But …

PYMNTS

Elizabeth Warren — one of the guiding figures behind the CFPB — took a somewhat different line on the ruling, firmly noting it was not a defeat for post-financial crisis efforts and banking regulation and reform. Although the FRB, ITC, SEC, FDIC, FCC, NCUA, etc., The ruling “will likely be appealed and overturned,” Warren noted.

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Plaintiffs in lawsuit challenging OCC Madden-fix rule move for summary judgment

CFPB Monitor

The OCC failed to consider the rule’s facilitation of rent-a-bank schemes and that the rule creates a regulatory vacuum by placing non-bank loan buyers outside any meaningful regulation. The second lawsuit was filed in the same California federal district court as the lawsuit against the OCC and both cases will be heard by Judge Jeffrey S.

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Public Policy Predictions 2019: Regulatory Reforms Ahead

FICO

Court Appeals for the District of Columbia vacated key parts of the Federal Communications Commission (FCC) 2015 TCPA Order , which had created much confusion and sparked increased litigation. I believe this will slip a few months but by June 2019 the proposed regulations will finally be available for public review and comment.