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2020 was a year of unprecedented circumstances and change, and more change is coming in 2021 this time, in the form of significant modifications to the nationwide permitting program. On September 15, 2020, the Army Corps of Engineers (Corps) published a notice of proposed rulemaking to reissue and modify nationwide permits (NWPs), ahead of the usual five-year reauthorization schedule for the current 2017 NWPs. The Corps is authorized to issue NWPs under section 404 of the Clean Water Act and section 10 of the Rivers and Harbors Act. NWPs are general permits that allow for quick permitting of routine projects that cause minimal adverse impact to the environment, as opposed to the expensive and time-intensive individual permitting process. The rulemaking follows an order handed down this spring by the U.S. District Court for the District of Montana in the Keystone XL Pipeline case, vacating the use of NWP 12.
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Last year, our blog, What Does CA AB 3088 Mean for Mortgage Servicers?, examined some new and notable obligations California imposes on mortgage servicers, including requirements to provide forbearance denial notices. In that blog, we promised the publication of a Part II that further expanded upon CA AB 3088. In this Part II, we discuss some of the ways in which CA AB 3088 significantly expands servicers’ obligations under the California Homeowners’ Bill of Rights, and we also discuss some fairly significant tension between CA AB 3088 and Regulation X of the CFPB Mortgage Servicing Rules.
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Has it been a year already? Many businesses diligently made sure they did their best to hit the moving CCPA target as they welcomed 2020 and the effective date of the statute last year. A year ago, all we had were draft regulations and a statute, and businesses had to do their best to comply. So, it is not surprising many CCPA disclosures had an effective date of January 1, 2020. But if that is the last time your disclosures were reviewed, your business is signaling non-compliance with CCPA.
Section 1798.130 contains the various lists required in the CCPA online privacy policy that includes categories collected and shared “in the preceding 12 months” (see, e.g., 1798.130(a)(5)(B) “a list of the categories of personal information it has collected about consumers in the preceding 12 months…”). In view of this time frame for the disclosure, the statute includes the affirmative requirement that a business must
[co-author: Shelby Lomax]
This month, a Florida appellate court held that a merchant cash advance (MCA) purchase and sale agreement was not a “disguised loan” and, therefore, was not subject to Florida’s criminal usury statute. MCA purchase and sale agreements, which offer merchants a fast and efficient way to obtain funding for their operations, are not loans. Rather, these agreements constitute the purchase of a merchant’s future receipts by the MCA company. However, some merchants have claimed that MCAs are “disguised loans” subject to their respective states’ usury law. While several states have well-developed case law differentiating loans from the purchase and sale of receivables, Florida suffers from a relative lack of authority on the issue. Fortunately, in