December 15, 2022
Volume XII, Number 349
December 15, 2022
– Private Equity & Healthcare: Antitrust Enforcement in 2023–PE…by: John D.Carroll and Michael G.McKinnon
– Festive NLRB Provides Holiday Gifts to Unions/Employees by: Robert E.Entin
– OCC Revises Policies and Procedures for Civil Money Penalties by: Moorari Shah and A.J.
S.Dhaliwal
– Battle Lines Drawn on Electric Vehicle Tax Credit Specifics by: William Ball
– Emerging Threats: Cyber Attacks and Side-Channel Evolution by: Iliana L.Peters and Colin H.
Black
– Guide to Creating a Corrective Action Plan Template by: Dr.Nick Oberheiden
– Ten Environmental and Energy Issues to Watch in 2023 by: J.Michael Showalter and Amy Antoniolli
– S.D.N.Y.Voids ERISA Plan’s Arbitration Provision by: Joseph E Clark and Daniel B.
Wesson
– DHS Issues Guidance on Additional H-2B Temporary Nonagricultural…by: Jessica Feinstein
– 12 Days of CRM: Day 1 – How to Measure CRM Success by: Christina R.Fritsch JD
– Staff Says Some Non-GAAP Financial Disclosures Are Beyond Redemptive…by: Keith Paul Bishop
– Full Speed Ahead: District Court Entitled to Explore Litigation…by: Amol Parikh
– Economically Motivated Adulteration in Honey by: Food and Drug Law at Keller and Heckman
– China Announces New Management Measures for Food-Related Products by: David J.Ettinger and Eric Gu
– Ratings Agencies Increase Focus on “Green Ratings” by: Jacob H.
Hupart
– Applying Collateral Estoppel in IPRs by: Alexandra Cavazos, PhD
– The Ultimate Lawyer Time Off Checklist by: Kamron Sanders
– PTO Announces Cancer Moonshot Expedited Examination Pilot Program by: Bernard P.Codd
– Do Law Firms Use HubSpot? by: CRM News and Updates, Lawmatics
– The State of ESG Reporting in Australia by: Clive Cachia and Adam Levine
December 14, 2022
– Certain Green Cards Getting 24-Month Extensions as USCIS Deals With…by: Michael H.
Neifach
– Australia: Climate and Sustainability-Related Financial Disclosure…by: Jim Bulling
– New Washington State Guidance A Reminder That More State Pay…by: Aaron Vance
– NLRB Unleashes New Damages Against Labor Law Violators by: Mark J.
Neuberger
– Illinois Appellate Court Weighs in on Biometric Data Policies by: David M.Poell and Kari M.Rollins
– FTC Issues Green Guides Questionnaire by: Phyllis H.Marcus
– Webinar Recording: Navigating Today’s Privacy Compliance…by: Cynthia J.Larose
– US Executive Branch Update – December 14, 2022 by: Stacy A.Swanson
– AML Bill Key to Busting Russian Oligarchs by: Stephen M.Kohn and Grace Schepis
– New York State Provides Protection for Use of Leaves of Absence by: Jonathan A.
Wexler
– US Executive Branch Update – December 13, 2022 by: Stacy A.Swanson
– Looking Ahead to 2023: Pay Transparency Developments by: Allan S Bloom and Evandro C Gigante
– What Does 2023 Hold for California COVID-19 Supplemental Paid Sick…by: Benjamin A.Tulis
– AND ANOTHER ONE! TCPA CLASS DISCOVERY LIMITED: Third Party Subpoena…by: Jenniffer Cabrera
– Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for…by: George Carroll Whipple, III
– California Starts Mandating Employee Bereavement Leave in 2023 by: Paul R.Lynd
– GREAT LEGAL WORK: TCPA Defendant Wins a HUGE Certification Victory…by: Eric J.
Troutman
– 401(k) Compliance Check #12: Don’t Borrow Trouble – Correcting…by: Belinda S.Morgan
– FDA Published Food Safety Culture Literature Review by: Food and Drug Law at Keller and Heckman
– Does a business have to provide a privacy notice directly to a…by: David A.Zetoony
– New Privacy Enforcement Act Commences in Australia by: Cameron Abbott and Rob Pulham
– NYC Delays Enforcement of Automated Employment Decision Tools Law to…
by: Lindsay Colvin Stone
– U.S.Department of State to Update Design on Nonimmigrant and…by: Ashley K.Kerr
– Cannon Fire: Newly-Famous Judge Stays All Discovery in TCPA Class…by: Eric J.
Troutman
– Why Do Law Firms Need CRM? by: CRM News and Updates, Lawmatics
– This California Rule by: Keith Paul Bishop
– UK Parliament Considers Retained EU Law (Revocation and Reform) Bill…by: Emma Thomson
December 13, 2022
– DOL Issues Final Rule Amending Investment Duties Regulation –…
by: James Frazier
– Renewed Era of Crypto Assets Growth in Hong Kong by: Jay Lee
– Division I Universities Must Be Ready for Changes to the NCAA…by: Paul V.Kelly
– Damages in Pre-Certification Discovery are Premature, Discovery…
by: Jenniffer Cabrera
– When Chains Change, Do NFTs Stay The Same? How Hard Forks May Affect…by: Jason H.Finger
– COVID-19: A Roadmap to Fraud Investigations: Office of Inspector…by: Stephen D.Bittinger
– Update: OFCCP Plans to Disclose EEO-1 Data for Non-Objecting…
by: Abby M.Warren
– DOJ Antitrust Division and HHS OIG Enter into Partnership to Increase…by: Diane Hazel
– Can Discovery Be Compelled from a Party? Possession, Custody, Control…by: Kathryn C.
Cole
– Weekly Bankruptcy Alert December 13, 2022 by: Bankruptcy & Creditors’ Rights
– All Things Chemical® Podcast: TSCA Regulation of Articles: The Saga…
by: Lynn L.Bergeson
– Energy & Sustainability M&A Activity — December 2022 by: Thomas R.Burton, III and Sahir Surmeli
– Energy & Sustainability IP Updates — December 2022 by: Brad M.
Scheller
– SEC Reopens Proposal on Stock Buyback Rules by: Erin Reeves McGinnis
– Chips Chatter: December 5-12, 2022 by: Pablo E.Carrillo and Ludmilla L.
Kasulke
– How Many Behavioral Advertising Trackers Do Websites Deploy Currently? by: David A.Zetoony
– FRB Proposes Climate-Related Financial Risk Management Principles by: Daniel Meade
– Energy & Sustainability Litigation Updates — December 2022 by: Jacob H.Hupart
– Cross Border Recognition, 25 years on: the view from each side of the…by: Michelle N.Saney
– A New Era of Technology in the Private Markets by: Louis Lehot and Christopher Converse
– New York City Postpones Enforcement of Automated Employment Decision…by: Simone R.D.Francis
– New Law Seeks To Curtail Coerced Debts by: Keith Paul Bishop
– Republican SEC Commissioners Continue to Criticize Proposed Climate…
by: Jacob H.Hupart
CFPB Fall Supervisory Highlights Find Credit Reporting Failures, Junk Fees, Mishandling of Covid-19 Protections
Last month, the CFPB released new Supervisory Highlights identifying examinations findings in the areas of auto servicing, consumer reporting, credit card account management, debt collection, deposits, mortgage origination, mortgage servicing and payday lending completed between January 1, 2022, and June 31, 2022.Among other highlights, the findings including the following:
Auto Servicing: Examiners found servicers engaged in deceptive acts or practices by: (i) failing to ensure consumers who paid off their loans early received refunds for fees related to add-on products; (ii) misrepresenting to consumers that their modifications were preliminarily approved pending a “good faith” payment; (iii) activating starter interrupt devices in vehicles when consumers were not past due on payment; and (iv) making misrepresentations during collections calls that delinquent consumers driver’s licenses and tags would be suspended if they did not make a prompt payment to the servicer.
Consumer Reporting: Examiners found that consumer reporting agenices failed to report the outcome of their reviews of complaints about inaccuracies on consumer credit reports to the CFPB.
Additionally, examiners have continued to find that furnishers are violating accuracy obligations under the FCRA by inaccurately reporting information despite actual knowledge of errors.
Credit Card Account Management: Examiners identified violations of Regulation Z related to billing error resolution, including instances where creditors failed to (i) timely resolve disputes after receiving a billing error notice; (ii) conduct reasonable investigations into billing error notices; and (iii) provide explanations to consumers after determining that no billing error occurred.
Debt Collection: Examinations of larger debt collectors identified violations of the FDCPA, including instances of participants engaging in harassing, oppressing, or abusive conduct.Examiners also found multiple instances of debt collectors violating the FDCPA by communicating with a person other than the consumer about consumer debt, including persons that had a name similar or identical to that of the consumer.
Putting It Into Practice: This report confirms the CFPB’s heightened scrutiny of participants in such markets as auto servicing, credit reporting, and debt collection, among others.As the CFPB conducts future examinations, the issues identified in the latest Supervisory Highlights are likely to be a consistent theme in future CFPB enforcement actions..