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FCC Delays Compliance Date for Part of New TCPA Consent Revocation Rule

By: David A. Bowen on April 10, 2025

On April 7, 2025, the Federal Communications Commission (FCC) granted a limited waiver delaying the effective date of part of Section 64.1200(a)(10), which was issued in a February 2024 Order amending the rules implementing the Telephone Consumer Protection Act (TCPA). This action comes after the…

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Eleventh Circuit Strikes Down FCC's One-to-One Consent Rule Under the TCPA

By: David A. Bowen on February 10, 2025

On January 24, 2025, the Eleventh Circuit Court of Appeals reversed the Federal Communications Commission’s (FCC) one-to-one consent rule1 issued in 2023 under the Telephone Consumer Protection Act (TCPA). In Insurance Marketing Coalition, Ltd. (IMC) v. Federal Communications Commission, the Court…

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Financial Institutions Use of “Meta Pixels” Targeted in Latest Class Action Trend

By: Brett J. Ashton, Kay Dee Baird, David A. Bowen, and Scott S. Morrisson on January 13, 2025

Many financial institutions use the services of technology companies like Facebook or Google to track and record customer interactions with their website through the use of Meta Pixels, Internet Cookies, or other tracking technology to continually improve the ways in which they service their…

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CFPB Issues Final Rule on Open Banking

By: Brett J. Ashton and Alexus D. Lucas on November 11, 2024

On October 22, 2024, the Consumer Financial Protection Bureau (the “CFPB”) released its final rule (the “Rule”) on Personal Financial Data Rights under Section 1033 of the Consumer Financial Protection Act. The Rule requires data providers to make consumer’s covered data electronically available to…

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Redefining Regulatory Oversight: U.S. Supreme Court Ends Chevron Deference and its Impact on Banking Regulations

By: Brett J. Ashton, Michael J. Messaglia, and Maria Vladimirova Geltz on July 1, 2024

 With the pace of regulatory rulemaking and overall regulatory burden facing the financial services industry, it would be understandable if the significance of a U.S. Supreme Court decision about the number of observers on a fishing vessel required under a regulation from the National Marine…

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U.S. Treasury Issues Report on Artificial Intelligence on Specific Cybersecurity Risks in the Financial Services Sector

By: Michael J. Messaglia on April 4, 2024

The U.S. Department of the Treasury recently released a comprehensive report on managing artificial intelligence (AI) specific cybersecurity risks within the financial services sector. The Report was issued as just one of the steps mandated by Executive Order 14110 on Safe, Secure, and Trustworthy…

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New Indiana Law Will Clarify How Financial Institutions May Make Changes to Deposit Account Agreements

By: Brett J. Ashton, Libby Yin Goodknight, Scott S. Morrisson, and Kay Dee Baird on March 13, 2024

Indiana House Bill 1284 was signed into law by Governor Eric Holcomb this week and becomes effective on July 1, 2024. This new law provides much needed clarity to Indiana financial institutions seeking to ensure the enforceability of amendments to their deposit account agreements. This Client Alert…

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President Biden Issues Executive Order on Artificial Intelligence

By: Alexandra Wilson Pantos and Shelley M. Jackson on November 2, 2023

On October 30, President Biden issued his Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, along with a companion Fact Sheet issued by the White House. The Executive Order establishes the federal government’s priorities with respect to Artificial…

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California Commercial Lenders Beware: UDAAP Doesn’t Only Apply to Consumer Lending Anymore

By: Laurie A. Martin Montplaisir and Brett J. Ashton on October 9, 2023

The California Department of Financial Protection and Innovation (“DFPI”) recently adopted a new unfair, deceptive, and abusive acts and practices regulation (the “UDAAP Regulation”) appliable to commercial lenders extending credit to small businesses (defined as a business with annual gross…

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Disclosing Fees Paid to BMV Vendors For E-Filing Lien Interests

By: Brett J. Ashton on June 26, 2023

Financial institutions offering auto loans to Indiana borrowers will soon be able to record their lien interests electronically. This electronic lien system is only provided by third-party vendors approved by the Indiana Bureau of Motor Vehicles (the “BMV”). These third-party vendors assess a fee…

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Are We in a Banking Crisis? What the Silicon Valley and Signature Banks’ Failure Tell Us About the Future of Financial Institutions (Podcast)

By: Michael J. Messaglia, Brett J. Ashton, and George C. Lepeniotis on April 13, 2023

Krieg DeVault Financial Institutions Partners, Michael J. Messaglia and Brett J. Ashton, provide an in-depth look at Silicon Valley and Signature Banks' failure and what their collapse could mean for the future of financial institutions.

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Indiana Supreme Court Limits the Ability of Indiana Financial Institutions to Amend Account Agreements

March 23, 2023

Earlier this week, the Indiana Supreme Court issued its long-awaited decision in the matter of Decker v. Star Financial Group, Inc., Supreme Court Case No. 22S-PL-305, 2023 WL 2583381 (Ind. Mar. 21, 2023), in which the Court addressed the enforceability of arbitration clauses in certain deposit…

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