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The Consumer Financial Protection Bureau’s Proposals to Create Two Public Registries for Nonbanks: What You Need to Know, Part II

The Consumer Financial Protection Bureau’s Proposals to Create Two Public Registries for Nonbanks: What You Need to Know, Part II

FromConsumer Finance Monitor


The Consumer Financial Protection Bureau’s Proposals to Create Two Public Registries for Nonbanks: What You Need to Know, Part II

FromConsumer Finance Monitor

ratings:
Length:
41 minutes
Released:
Mar 2, 2023
Format:
Podcast episode

Description

The CFPB recently issued two proposals that would require nonbanks to register with and submit information to the CFPB for publication in an online, publicly available database. The proposals represent an aggressive attempt by the CFPB to enhance its supervisory and enforcement authorities and carry significant potential implications for nonbanks that would be required to register. In Part II, we look at the proposal that would require companies to register that “enter into covered form contracts,” meaning consumer contracts that use “covered terms or conditions” (regardless of legal validity or enforceability). After discussing the background of the registry and its relationship to the CFPB’s final arbitration rule that was overturned by Congress, we look at which nonbanks would be required to register, what is a “covered form contract,” when does a company “enter into” such a contract, and what kinds of waivers or limitations are “covered terms or conditions.” We also look at the registration requirements and state level corollaries. Alan Kaplinsky, Senior Counsel in Ballard Spahr’s Consumer Financial Services Group, hosts the conversation, joined by Richard Andreano, Michael Gordon, John Culhane, and Lisa Lanham, partners in the Group.
Released:
Mar 2, 2023
Format:
Podcast episode

Titles in the series (100)

The Consumer Financial Services industry is changing quickly. This weekly podcast from national law firm Ballard Spahr focuses on the consumer finance issues that matter most, from new product development and emerging technologies to regulatory compliance and enforcement and the ramifications of private litigation. Our legal team—recognized as one of the industry's finest— will help you make sense of breaking developments, avoid risk, and make the most of opportunity.