Defending and Managing Claims Relating toOverdraft Fees, Credit, Debit and Prepaid Cards,Bank Add-On Services and Products, RetailBanking and Emerging Payment Models andEnhanced Government Scrutiny Over Payday Loansand Deposit Advance Loans

October 24, 2014 2:50pm


Sanjay Ibrahim
Parker Ibrahim & Berg LLC

David Permut
Goodwin Procter LLP

  • How have the recent developments in the mortgage industry impacted other consumer lending markets?: To what extent, if at all, will the processes and procedures used in the credit/ debit card industries adapt?
  • Credit card litigation arising from improper documentation
  • Preemption in credit card and other bank litigation
  • Developments in litigation surrounding the CARD Act and FACTA
  • Strategies for remedying credit card receipt litigation
  • Managing and defending against the new wave of debit card claims
  • Arbitration in the context of card litigation
  • Litigation arising from the Durbin Amendment and interchange fees
  • Defending against prepaid card claims relating to: Disclosures; fees; expiration dates
  • Assessing the increased regulatory interest in add-on services and products and the associated rise in class actions involving add-on services and products
  • Overdraft fees: Recent developments and the strategies being used in overdraft fee MDL; Potential CFPB initiatives
  • Claims arising from payment protection/debt cancellation programs and identify theft protection programs
  • ATM fee sticker cases
  • “Larger participant” supervisory efforts, including pending and future rulemaking
  • The Regulators’ interest in payday lenders
  • ‘Operation Choke Point’
  • The DOJ’s activity
  • CFPB’s positions
  • Reducing the risk of predatory lending
  • Possible negative effects of shutting out payday lenders