Bank Law Monitor
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Core Considerations for Core Contracts
Negotiating the terms of a core processing contract makes haggling over a used car seem like child's play. For most banks, the reality is stark—you might get some wiggle room on price if you're willing commit to a longer term. You might also get a fe...
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Update: The CFPB’s Proposed Arbitration Rule—Dead or Alive?
Update (August 28, 2017): A lot has happened since our original post on the CFPB's arbitration rule, and more is on the way. The CFPB's arbitration rule is definitely alive and breathing, for the time being:
The CFPB published its long-awaite...
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Even Lawyers Have to Pay Their Debts: Washington Court Sides with Bank on Successor Liability Claim
It turns out that even lawyers sometimes have to pay their debts. In a recent Washington appellate case, a bank successfully sued an attorney to recover on a loan made to his law firm. Typically the owner of a law firm wouldn’t be held responsible fo...
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Hold the Phone! The Telephone Consumer Protection Act May Regulate—and Expose You to Liability For—Routine Contact With Customers.
The ATM celebrated its golden birthday yesterday. The first one opened on June 27, 1967, at a Barclay’s branch in London, and it’s since become a cornerstone of modern retail banking.
Fifty years later, the ATM isn’t the only way that consumers “wit...
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Reg CC Goes “Paperless”: New Amendments Address Electronic Checks, Remote Deposit Capture, and Other Modern Banking Trends
Regulation CC first became law back in 1992. Yes, that was when Sir Mix-a-Lot was “back” on the top of the charts, audiences were eating up Silence of the Lambs, and bowl cuts were a thing. Times have changed, but oddly Reg CC hasn’t. Since 1992, Reg...
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OCC Invites Fintech Companies to Become Special Purpose National Banks
Last week, the Office of the Comptroller of the Currency (OCC) officially opened its doors to financial technology companies and encouraged them to apply to become "special purpose" national banks. The premise is simple—become a national bank, abide...
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