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Federal agency charged with enforcing consumer finance laws
Legal Opinions | 2012/09/12 17:35
The new federal agency charged with enforcing consumer finance laws is emerging as an ambitious sheriff, taking on companies for deceptive fees and marketing and unmoved by protests that its tactics go too far.

In the 14 months it has existed, the Consumer Financial Protection Bureau has launched dozens of enforcement probes and issued more than 100 subpoenas demanding data, testimony and marketing materials -- sometimes amounting to millions of pages -- from companies that include credit card lenders, for-profit colleges and mortgage servicers.

More than two dozen interviews with agency officials and industry executives offered sweeping insight into the new agency's behind-the-scenes efforts, which have taken the financial industry off guard and have been far more aggressive than previously known.

The number of subpoenas and probes was confirmed by agency, industry and trade group officials who spoke to The Associated Press on condition of anonymity because the subpoenas bar both sides from discussing them.

The bureau's actions have many banks, payday lenders and credit card companies racing to adjust. They're tightening their record-keeping and budgeting for defense lawyers, according to attorneys and trade group executives who work with them. The companies themselves are reluctant to discuss the bureau because they don't want to be seen as criticizing a regulator that is still choosing its battles.


County's court records found in open recycling bin
Legal Opinions | 2012/08/01 23:16
Court administrators in Madison County say they'll do a better job of disposing of public records after court documents turned up in an open recycling bin.

The Alton Telegraph reports that one of its reporters responding to a tip found hundreds of the court records plainly visible in the container outside the county's complex in Wood River.

The records showed names of victims, including minors, dates of birth, addresses, telephone numbers, detailed accounts of why an order of protection was needed and Social Security numbers.

Madison County Interim Circuit Clerk Judy Nelson says a hauler who waited a couple of weeks to cart off the documents won't be used again. Nelson says the records instead will be disposed of immediately.


Class-action lawsuit filed against Mountain State
Legal Opinions | 2012/07/18 22:39
Three students are suing Mountain State University, former President Charles Polk and the Board of Trustees over the school's revoked accreditation, saying it renders their degrees worthless.

Dale Burger and his two children, Amanda and Jeff Burger, are seeking class-action status for their case, filed late Wednesday in Kanawha County Circuit Court.

Some 3,000 students were enrolled as of April, the lawsuit says. But the plaintiffs contend that the class should cover anyone who enrolled since July 10, 2008. That's when the school first learned it might be in trouble.

The lawsuit says Mountain State told students it was in sound shape when it knew otherwise.

A spokesman declined comment on the lawsuit Thursday.

The private Beckley-based school has campuses in West Virginia, Florida, North Carolina and Pennsylvania.

Mountain State is appealing the Higher Learning Commission's decision to withdraw general accreditation.


Texas Voter ID Law to be Tested in a Federal Court
Legal Opinions | 2012/07/09 22:11
The fate of Texas' controversial new voter ID law - which requires voters to show photo identification at the polls - is set to be decided this week in a federal court in Washington.

The state, which claims the law will prevent voter fraud, is seeking to persuade a three-judge panel to uphold the statute. The Justice Department and a slew of intervening groups say the law disproportionately affects minority voters, violating the federal Voting Rights Act. They want it thrown out.

The case will be a test of the Voting Rights Act, passed in 1965, which was designed to protect minorities' rights to vote.

The Justice Department set up this week's court fight when it blocked implementation of the law in March. Texas quickly filed a lawsuit in federal court, bringing the two sides back to Washington for the second time in months.

The two sides spent two weeks earlier this year arguing in front of a similar three-judge panel about Texas' redrawn congressional maps. As now, the Justice Department claimed Texas was violating the federal Voting Rights Act. No final decision has been made in that case, but a federal court has approved interim maps that have allowed Texas elections to go ahead.


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