Bankruptcy Blogs

9 big ideas for 2019

01/02/19

From the end of overdraft fees to the rise of banks that watch their customers' every move, there are several new banking trends on the horizon in 2019.

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The Implication of Reasonable Consumers Not Reading Contracts of Adhesion

01/02/19

A final installment to this evening's blog storm (you can tell that I'm procrastinating on exam grading...).

The Consumer Financial Protection Act prohibits "unfair" acts and practices.  "Unfair" is defined as an act or practice that causes or is likely to cause substantial injury to consumers, that is not reasonably avoidable by consumers, and the harm of which is not outweighed by benefits to consumers or competition.  

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UDAAP Violation in BofA Credit Cardholder Agreements?

01/02/19

Heads up Kathy Kraninger:  you might want to look at whether Bank of America is engaged in an unfair or abusive act or practice in its credit cardholder agreements.  Here's the deal.  

The Credit CARD Act of 2009 prohibits so-called "double cycle billing" on credit cards:

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Are Convenience Check Loans Underwritten to Ability-to-Repay?

01/02/19

In my previous post, I complained that convenience check loans weren't underwritten based on ability-to-repay.  That's not to say that there's no underwriting whatsoever.  But it's important to recognize that prescreening for direct mailing for convenience check loans is not the same as underwriting the loans based on ability-to-repay.

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The bank that watches your every move

01/01/19

One bank is tracking the habits of its 4.4 million customers, giving them discounts on services if they visit the gym or get a flu shot. Other companies may soon follow suit.

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In 2019, customers may (finally) get some control of their financial data

01/01/19

Several fintechs are testing apps that let customers gain more say over how third parties use their data — and hope to one day be able to give them the power to revoke access to it entirely.

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Plenty of smoke, but how much fire? Banking’s 2019 legislative agenda

01/01/19

With a divided Congress in place, policymakers will face challenges in passing major financial legislation this year. But there are still a number of core issues set to be debated.

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This CEO must prove he has CRE under control

12/31/18

Bank OZK's George Gleason, one of our community bankers to watch in 2019, needs to rein in the Arkansas bank's commercial real estate exposure to placate nervous investors.

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FDIC paves way for another de novo effort in North Carolina

12/31/18

Spirit Community Bank is the 15th bank to get the agency's approval this year. That list also includes Community Bank of the Carolinas, which was approved in early December.

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