Attorneys in our Cleveland office concentrate on consumer financial services, commercial litigation, and transactional matters. We provide national representation to financial institutions and corporations, and serve as special and local counsel. Given Ohio’s highly regulated business climate for financial institutions and lenders, our Cleveland-based attorneys also closely monitor the regulatory developments, litigation trends, and emerging legislation that often impacts the course of business for our clients in the financial services industry.
Deep Dive into Consumer FinanceFair Credit Reporting Act: Policy Check In – Permissible Purpose
May 6, 2021
The FCRA governs actions of CRAs, users of consumer reports, and the parties that furnish information to the CRAs. A comprehensive FCRA Policy should be tailored to your entity and reflect how it will actually obtain, use, and share consumer reports, in enough detail to match the complexity of your operations.
Attorney Published ArticleCommunication to Vendor Violates FDCPA Third-party Communication Prohibition
May 4, 2021
On April 21, 2021, the Eleventh Circuit Court of Appeals held that: i) a violation of the FDCPA prohibition against communicating with a third-party in connection with the collection of a debt gives rise to a concrete injury to establish Article III standing and ii) a debt collector’s transmittal of a consumer’s personal information to its vendor is a communication in connection with the collection of a debt for purpose of the same FDCPA prohibition.
Attorney Published ArticleFDIC Seeks Public Comments to Sign and Advertising Rule
May 4, 2021
The Federal Deposit Insurance Corporation (FDIC) recently published a notice seeking public comments on how to modernize its sign and advertising requirements. The FDIC requires banks to display the FDIC sign where deposits are normally received and to use an official statement when advertising deposit products. The sign and advertising requirements are likely to draw significant interest from aMore
Attorney PresentationRegulation Roundtable
May 12, 2021
Mark Edelman (Cleveland) will participate in a Regulation Roundtable on Wednesday, May 12, 2021, during the 14th Annual Auto Finance Risk Summit. The panelists will discuss the changing state and federal regulatory landscape on the coattails of the new Biden administration in Washington, and what auto lenders can do to keep their regulatory compliance up-to-date andMore
The Bullet Point: An Ohio Commercial Law BulletinDid my behavior ratify a contract?
April 22, 2021
Contract Ratification Gionino’s Pizzeria Inc. v. Reynolds, 7th Dist. Carroll No. 20 CA 0940, 2021-Ohio-1289In this matter, the Seventh Appellate District reversed and remanded the lower court’s decision, finding that although the document was only partially executed, the parties’ behavior constructively ratified the contract. The Bullet Point: As a gatekeeping issue, a plaintiff must demonstrateMore
Deep Dive into Consumer FinanceIntroduction: A Deep Dive into the Fair Credit Reporting Act
April 21, 2021
The Fair Credit Reporting Act (FCRA) impacts every aspect of a U.S. consumer’s life. Consumer reports are obtained by lenders, employers, landlords, and even utility companies, impacting the cost of credit and everyday services, as well as the ability to obtain employment or access housing.
Attorney Published ArticleThe California Consumer Privacy Act of 2018 Updated: More Protection in the Quest to Access and Protect Personal Information
April 20, 2021
Sanford Shatz (Irvine) and Paul Lysobey (Cleveland) co-authored an article on the California Consumer Privacy Act in the ABA Business Law Section’s The Business Lawyer, Volume 76, Issue 2, Spring 2021.
Attorney Published ArticleMilitary Lending Act, Servicemembers Civil Relief Act, and State Military Law Updates
April 20, 2021
Robert Savoie (Cleveland) and Sarah Edwards (New Orleans) co-authored an article on the Military Lending Act, Servicemembers Civil Relief Act, and State Military Law Updates in the ABA Business Law Section’s The Business Lawyer, Volume 76, Issue 2, Spring 2021.
Attorney PresentationThe Fisher Memorial Program: Developing Changes in Forgiveness of Student Loan Debt
April 21, 2021
Kelly Lipinski (Cleveland) will participate in a panel discussion on developing changes in the forgiveness of student loan debt during the ABA Business Law Section Virtual Spring Meeting on April 21, 2021.
McGlinchey in the NewsCFPB sets stage for more enforcement. But what’s the script?
April 13, 2021
Member Kelly Lipinski (Cleveland) was quoted in an article in American Banker on the CFPB's decision last month to rescind Trump-era guidance outlining what constitutes an "abusive" practice.