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Financial Institutions

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Indiana Court Upholds Department of Financial Institutions Ruling on Auto Dealer Electronic Titling Fees

Posted by: Brett J. Ashton on November 2, 2018

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On October 10, 2018 the Marion County Superior Court ruled in Webb Ford, Inc. v. Indiana Dep’t of Fin. Insts., Cause No. 49D03-1801-PL-002762 (Marion Cnty. Sup. Ct. Jan. 22, 2018), denying the auto dealer’s petition for judicial review and affirming the Indiana Department of Financial...


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Banking Marijuana-Related Businesses

Posted by: Lori Jean on July 25, 2018

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On March 21, 2018, Governor Holcomb signed a bill legalizing the sale and use of CBD oil in Indiana.[1]  CBD oil is derived from industrial hemp, which like marijuana, is banned by federal law. This leaves Indiana’s financial institutions asking: can we bank these businesses?

The Legal...


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Indiana DFI Issues Advisory Letter Reinforcing Position on Dealer Convenience Fees

Posted by: Brett J. Ashton on June 8, 2018

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The Indiana Department of Financial Institutions (the “IDFI” or the “Department”) recently issued Consumer Credit Advisory Letter 2018-02 (the “Advisory”) providing further guidance to financial institutions and auto dealers who assess an electronic auto title recording fee (“Convenience Fee” or...


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President Trump Signs Dodd-Frank Reform Into Law Providing Regulatory Relief to Community Banks

Posted by: Brett J. Ashton on May 30, 2018

Court Decision Clears Way for Broader Use of Postnuptial Agreements

President Trump signed Senate Bill 2155, the “Economic Growth, Regulatory Relief, and Consumer Protection Act,” (the “Reform Act” or the “Act”) into law on May 24, 2018. The Act represents the first meaningful rollback of certain provisions of the Dodd-Frank Wall Street Reform and Consumer...


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Indiana DFI Enforcement Action Against Auto Dealer Underscores the Importance of Ensuring Indirect Lending Partners Understand Consumer Credit Laws

Posted by: Brett J. Ashton on May 9, 2018

Court Decision Clears Way for Broader Use of Postnuptial Agreements

A recent enforcement action by the Indiana Department of Financial Institutions (the “IDFI” or the “Department”) against an auto dealership is a reminder to all dealers engaged in “consumer credit sale” activities in Indiana of the importance of understanding the nuances of the Indiana Uniform...


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Is Your Website Compliant with the Americans With Disabilities Act?

Posted by: Brett J. Ashton and Libby Yin Goodknight on February 22, 2018

Court Decision Clears Way for Broader Use of Postnuptial Agreements

While financial institutions are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) as they relate to the maintenance of their physical office spaces and overall general corporate policies, application of these same principles to an...


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The Department of Defense Issues an "Interpretative Rule" to the Military Lending Act - Auto and Personal Property Lenders Faced With Regulatory Uncertainty

Posted by: Brett J. Ashton on January 10, 2018

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Financial institutions offering purchase money auto and personal property loans received an unwanted holiday surprise from the Department of Defense (the "DoD" or the "Department"), with the December 14, 2017 "Interpretative Rule" (the "2017 Interpretative Rule") to the Military Lending Act (the...


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