Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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Second Circuit Ruling Undermines National Bank Act Preemption of State Usury Laws for Loans Transferred to Non-Banks

The U.S. Court of Appeals for the Second Circuit ruled last week that a purchaser of charged-off debts from a national bank was not entitled to assert the preemption of state usury laws available to national banks under...more

6/1/2015 - Banking Sector FDCPA Financial Institutions Midland Funding National Bank Act Preemption Usury

State AG – Credit Bureaus Settlement: What Furnishers Need to Know - More than 30 state attorneys general reached a settlement...

Last week, Ohio Attorney General Mike DeWine issued a press release announcing the results of a multi-state investigation into the three national credit reporting agencies (CRAs) - Equifax Information Services LLC, Experian...more

5/29/2015 - CFPB Credit Reporting Agencies Credit Reports Debt Buyers Debt Collection Equifax Experian FCRA TransUnion

Second Circuit Rules FDCPA Does Not Require Disclosure of Settlement’s Tax Consequences

The U.S. Court of Appeals for the Second Circuit has ruled that the Fair Debt Collection Practices Act (FDCPA) does not require a debt collector to disclose the possible tax consequences of a debtor’s acceptance of a...more

5/26/2015 - Appeals Debt Collectors FDCPA Income Taxes

U.S. Department of Education Proposes New Restrictions on Campus Financial Products

The U.S. Department of Education has issued proposed revisions to its Title IV Higher Education Act (HEA) cash management rules that include significant new restrictions on financial products used to disburse credit balance...more

5/21/2015 - Colleges Consumer Lenders Department of Education Financial Aid Higher Education Act Proposed Amendments Students Universities

Supreme Court Ruling Could Alter Class Action Landscape

The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez, the Court will review...more

5/20/2015 - Article III Campbell Ewald v Gomez Class Action Mootness Rule 23 SCOTUS TCPA

Ninth Circuit Rules FDCPA and California Law Do Not Prohibit Collection Letter Seeking Prejudgment Interest

The U.S. Court of Appeals for the Ninth Circuit recently ruled that a debt collection letter seeking prejudgment interest on the debt did not violate the Fair Debt Collection Practices Act (FDCPA) or California’s Rosenthal...more

5/20/2015 - Appeals Debt Collection FDCPA Prejudgment Interest

The CFPB Announces Final Diversity Standards under Dodd-Frank Section 342 Are Completed

On April 29, 2015, the Office of Minority and Women Inclusion (OMWI) of the Consumer Financial Protection Bureau (CFPB or Bureau) released its third Annual Report for 2014, as mandated by Section 342(e) of the Dodd-Frank Act...more

5/6/2015 - CFPB Diversity Dodd-Frank Federal Contractors OMWI

CFPB speaks (again) at PLI’s Annual Consumer Financial Services Institute

Key members of the CFPB’s enforcement, regulatory and supervision offices spoke yesterday at PLI’s 20th Annual Consumer Financial Services Institute in Chicago. As was the case during the New York City version which took...more

4/29/2015 - Arbitration CFPB Dodd-Frank Nonbank Firms Professional Conferences Rulemaking Process SBREFA Whistleblower Protection Policies

FTC Announces Settlement with Retail Tracking Company

The Federal Trade Commission recently announced a proposed settlement with a retail tracking company to resolve charges that the company’s privacy policy misled consumers about their ability to opt out of the company’s...more

4/29/2015 - FTC Mobile Devices Mobile Privacy Privacy Policy Retailers Settlement Web Tracking

U.S. Supreme Court To Decide If Statutory Damages Are Recoverable Even Without Any Actual Harm

The U.S. Supreme Court has agreed to hear an important case that will decide whether a plaintiff who cannot show any actual harm from a violation of the Fair Credit Reporting Act (FCRA) nevertheless has standing under Article...more

4/28/2015 - Article III FCRA Imminent Harm Putative Class Actions SCOTUS Spokeo v Robins Standing Statutory Damages

Rule Expanding Military Lending Act Protections In Limbo

The Department of Defense's (DoD) proposed rule to revise and expand the coverage of its rule implementing the Military Lending Act (MLA) may be put on hold. The House Committee on Armed Services Subcommittee for Military...more

4/27/2015 - DOD Military Lending Act Military Service Members NDAA Proposed Amendments

U.S. Department of Education Fines College for Job Placement Rate Disclosure Violations

The U.S. Department of Education (Department) intends to fine a college more than $29 million for allegedly misrepresenting job placement rates and failing to comply with federal placement rate disclosure requirements. The...more

4/21/2015 - Administrative Fines Colleges Department of Education Disclosure Requirements Heald College Misrepresentation Title IV

Washington State AG Sues Student Loan Debt Adjustment Firm

The Washington State Attorney General recently filed an action in state court against a student loan debt adjustment firm and its individual principal alleging that the firm charged illegal fees and failed to provide required...more

4/16/2015 - Attorney Generals Consumer Protection Act Debt-Relief Industry Disclosure Requirements Enforcement Actions Student Loans Transaction Fees

Third Circuit Rules FDCPA Claims Can Be Based on Foreclosure Complaints

The U.S. Court of Appeals for the Third Circuit recently ruled that foreclosure complaints can be the basis of Fair Debt Collection Practices Act (FDCPA) claims. This decision continues the Third Circuit's expansive...more

4/10/2015 - Appeals Attorney's Fees FDCPA Fees Foreclosure Mortgage Lenders Mortgages Putative Class Actions

California Federal Court Rules ‘No Surcharge’ Law Unconstitutional

A federal district court in California has ruled that a state law prohibiting retailers from imposing a surcharge on credit card purchases placed an unconstitutional restriction on the retailers’ freedom of speech and is...more

4/7/2015 - Commercial Speech Credit Card Surcharges Credit Cards First Amendment Retailers

Plaintiff Must Show Defendant’s Knowledge of TCPA Violation To Get Treble Damages, 11th Circuit Rules

The U.S. Court of Appeals for the 11th Circuit has ruled that a plaintiff must show that the defendant knew its conduct violated the Telephone Consumer Protection Act (TCPA) to establish a willful or knowing TCPA violation....more

4/7/2015 - Appeals Popular TCPA Treble Damages Willful Violations

‘Operation Ruse Control’ Announcement Highlights Importance of Auto Finance Compliance

The Federal Trade Commission—and numerous other federal, state, and local law enforcement agencies in the United States and Canada—recently announced that an enforcement initiative dubbed “Operation Ruse Control” has resulted...more

4/1/2015 - Automotive Industry Automotive Loans Car Dealerships Consumer Financial Products Consumer Lenders Enforcement Actions FTC Strategic Enforcement Plan

Another payday loan study finds affordability and rollover limits do not benefit borrowers

We recently wrote about three studies that cast serious doubt on the benefit to payday loan borrowers of an ability-to-repay requirement, a payment-to-income (PTI) ratio ceiling, and rollover limits, three potential payday...more

3/26/2015 - CFPB Consumer Financial Products Payday Loans

Supreme Court To Decide California Arbitration Issue

On March 23, the U.S. Supreme Court granted certiorari in DirecTV, Inc. v. Imburgia, agreeing to resolve a split between the Ninth Circuit and California state courts on how to interpret the same DirecTV arbitration...more

3/26/2015 - Arbitration Arbitration Agreements Certiorari DirectTV Federal Arbitration Act Preemption SCOTUS

N.J. Eliminates Customer Data Collection Requirements for Gift Card Retailers, Issuers

New Jersey Governor Chris Christie has signed into law an amendment to the state’s unclaimed property law—S.B. 2235—that eliminated its consumer data collection requirements. In doing so, Governor Christie relieved a...more

3/24/2015 - Amended Legislation Chris Christie Data Collection Gift-Cards Retailers

White House Issues Student Aid Bill of Rights

A Presidential Memorandum titled the "Student Aid Bill of Rights," issued last week by President Obama, calls for the creation of a new complaint system for federal student loans. This proposal is likely to result in...more

3/24/2015 - Barack Obama Consumer Complaint System Federal Student Aid Student Loans Students

Sovern v. Kaplinsky

In its study of consumer arbitration dated March 10th, the CFPB concluded that relatively few consumer arbitrations have been filed. In a recent Consumer Law & Policy blog, Professor Jeff Sovern states that he is “skeptical”...more

3/24/2015 - Arbitration CFPB Consumer Complaint System Consumer Financial Products

DOJ Announces Two More ‘Operation Choke Point’ Settlements

With the recent announcement by the U.S. Department of Justice (DOJ) that it had settled separate lawsuits against two small banks charged with facilitating consumer fraud through their relationships with third-party payment...more

3/23/2015 - Bank Fraud Bank Secrecy Act Banks Choke Point Criminal Prosecution DOJ Enforcement Actions Popular

CFPB adopts plan to publicly disclose consumer complaint narratives

The CFPB has adopted its controversial proposal to publicly disclose consumer complaint narratives in its Consumer Complaint Database. Its plans for disclosing the narratives are set forth in a final policy statement....more

3/20/2015 - CFPB Consumer Complaint System Consumer Financial Products

NY Attorney General Enters into Far-Reaching Settlement with Largest Credit Reporting Agencies

New York Attorney General Eric Schneiderman recently announced that his office reached a landmark settlement with the nation’s three leading credit reporting agencies (CRAs) that will require them to significantly reform,...more

3/20/2015 - Credit Reporting Agencies Credit Reports Equifax Experian Settlement TransUnion

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