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3 Takeaways (a Litigator’s Perspective) from CFPB Supervisory Highlights

June 27, 2016

Authors

Douglas Thompson

3 Takeaways (a Litigator’s Perspective) from CFPB Supervisory Highlights

June 27, 2016

by: Douglas Thompson

The CFPB recently issued its newest edition of Supervisory Highlights Mortgage Serving Special Edition, Issue 11 (June 2016).

From a litigator’s perspective, the Supervisory Highlights do more than summarize recent supervisory findings, they also shine a light on future examination and putative class action risks that are emerging. The CFPB is providing key insights into what it believes should be industry standards. Banks and mortgage servicers should read carefully both the specific findings summarized and slightly more subtle clues to evolving future CFPB requirements.  Here are three takeaways on the Highlights from a financial services class action litigator’s perspective:

  • ECOA & Special Servicing Populations Continue to be a Strong CFPB focus.
  • In section 2, “Our approach to mortgage servicing examinations,” the CFPB uses a fair amount of real estate to highlight ECOA requirements. In fact, the report states clearly “…Supervision will be conducting more comprehensive ECOA Targeted Reviews of

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    Georgia Banks Targeted for Alleged ATM Patent Infringement – Bryan Cave Mounts a Joint Response

    August 23, 2012

    Authors

    Jonathan Hightower

    Georgia Banks Targeted for Alleged ATM Patent Infringement – Bryan Cave Mounts a Joint Response

    August 23, 2012

    by: Jonathan Hightower

    We have learned that a company, Automated Transactions, LLC, is now targeting banks throughout Georgia alleging patent infringement with respect to ATM technology.  This entity has also targeted banks in other states, including several New England states. Automated Transactions claims that it has exclusive rights to certain ATM technologies and that banks, through the use of their ATMs, are infringing upon those rights. A number of banks in Georgia have received a demand letter from Automated Transactions, and we understand that more banks in Georgia will be targeted. We want banks to understand the issue being raised and be prepared to respond.  Please click here for a Bryan Cave memo that analyzes the allegations being made. 

    In order to respond to these allegations effectively, we believe Georgia banks should undertake a concerted response.  If attacking the merits of the patents, we expect that there

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