Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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New York’s "No Credit Card Surcharge" Law Regulates Speech, SCOTUS Rules

New York's law prohibiting merchants from imposing a surcharge on credit card purchases (Section 518 of the state's General Business Law) regulates speech, thereby making the law subject to First Amendment scrutiny, the U.S....more

3/30/2017 - Credit Card Surcharges Debit and Credit Card Transactions Expressions Hair Design v Schneiderman Financial Services Industry First Amendment Free Speech Retail Market SCOTUS

Will Attorney General Sessions continue to pursue redlining cases?

On Monday, we blogged about the highlights of the panel I moderated, “The CFPB Speaks,” that was part of the Practicing Law Institute’s 22nd annual Consumer Financial Services Institute in Manhattan. The next panel, “Federal...more

3/29/2017 - Banking Sector CFPB Discriminatory Lending Practices DOJ Race Discrimination Redlining

Consumer advocates are split on whether Director Cordray should finalize arbitration rule

On Monday, during “The CFPB Speaks” panel I moderated that was part of the Practicing Law Institute’s 22nd Annual Consumer Financial Services Institute in Manhattan, Diane Thompson, Deputy Assistant Director of the CFPB’s...more

3/29/2017 - Arbitration Banking Sector CFPB Class Action Class Action Arbitration Waivers Congressional Review Act Public Comment Richard Cordray Trump Administration

OCC Issues Draft Licensing Supplement for Fintech Companies Seeking National Bank Charters

The Office of the Comptroller of the Currency (OCC) has taken another step toward implementing its proposal to allow financial technology (fintech) companies to apply for a special purpose national bank (SPNB) charter,...more

3/27/2017 - Banking Sector BSA/AML FinTech Fintech Charter Licensing Rules National Bank Charters OCC Predatory Lending Technology Sector Unfair or Deceptive Trade Practices

Trump’s DOJ supports striking Cordray’s removable-only-for-cause protection from Dodd-Frank

The DOJ submitted its amicus brief in the PHH case on Friday, March 17.  We have blogged extensively about this case since its inception. Unsurprisingly, the Trump DOJ supports striking from Dodd-Frank the...more

3/20/2017 - Administrative Proceedings Amicus Briefs Banking Sector CFPB Constitutional Challenges Dodd-Frank PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation

House subcommittee to hold hearing tomorrow on CFPB’s constitutionality

The Subcommittee on Oversight and Investigations of the House Committee on Financial Services has scheduled a hearing for tomorrow entitled “The Bureau of Consumer Financial Protection’s Unconstitutional Design.” The memo...more

3/20/2017 - Administrative Proceedings CFPB Constitutional Challenges Dodd-Frank Legislative Agendas Legislative Committees PHH Corp. v CFPB Title X Trump Administration

Lawmaker Seeks CFPB Fair Lending Investigation of Fintech Small Business Lenders

A Democratic congressman has raised concerns about potentially discriminatory lending practices used by financial technology (fintech) companies that extend credit to small businesses, calling on the Consumer Financial...more

3/17/2017 - Banking Sector CFPB Consumer Lenders Discrimination Discriminatory Lending Practices ECOA FinTech Innovative Technology Minority-Owned Businesses Regulatory Oversight Small Business

Collection Letter Containing Check Box To Dispute Debt Created Potential FDCPA Claims, Federal Court Rules

A collection letter potentially violated the Fair Debt Collection Practices Act (FDCPA) because a box the plaintiff could check to indicate she disputed the validity of the debt was accompanied by a statement that a reason...more

3/10/2017 - CFPB Debt Collection FDCPA Financial Sector Financial Services Industry Motion to Dismiss SBREFA

Director Cordray and Comptroller Curry speak at LendIt USA conference

Earlier this week, we attended the LendIt USA conference in New York City, a leading annual fintech conference, at which CFPB Director Richard Cordray and Comptroller of the Currency Thomas Curry both spoke....more

3/9/2017 - Banking Sector CFPB Consumer Financial Products Financial Institutions FinTech Innovative Technology No-Action Letters OCC Project Catalyst Request For Information Richard Cordray Special Purpose National Bank Charter Technology Thomas Curry UDAAP

Cordray’s CNBC interview answers few questions

Recently, Richard Cordray was interviewed by CNBC while eating breakfast at a diner in his hometown in Ohio.  The interview was more noteworthy for what it failed to cover than for what it covered.  He was not asked the...more

3/3/2017 - Administrative Proceedings ALJ Arbitration Banking Sector CFPB Class Action Class Action Arbitration Waivers Congressional Review Act Constitutional Challenges PHH Corp. v CFPB Removal For-Cause RESPA Richard Cordray Single Director Statute of Limitations Trump Administration

Spokeo Argument After Removal to Federal Court Creates Double-Edged Sword for Defendants

After the U.S. Supreme Court's decision in Spokeo, Inc. v. Robbins last year, many defendants have perceived the assertion of a standing argument as a potential panacea when confronted with federal statutory claims in which...more

3/2/2017 - Article III Attorney's Fees Class Action Corporate Counsel Dismissal With Prejudice FACTA Financial Sector Financial Services Industry Injury-in-Fact Motion to Remand Removal Spokeo v Robins Standing

Trump ignores Dodd-Frank and CFPB in Congressional address

In his more than one hour nationwide address last night to a joint session of Congress, President Trump discussed a broad range of topics: repeal of Obamacare, tax relief, immigration, rebuilding the Country’s...more

3/1/2017 - Banking Sector CFPB Deregulation Dodd-Frank Regulatory Reform Richard Cordray Trump Administration

Student Loan Servicing Laws Enacted in Washington, D.C., Proposed in New York

Washington, D.C., and New York recently moved forward with efforts to license and regulate student loan servicers. In Washington, D.C., servicers of student loans made to District of Columbia residents are subject to a new...more

2/28/2017 - Banking Sector Borrowers Consumer Financial Products Consumer Lenders Financial Services Industry NYDFS Ombudsman Professional License Regulatory Oversight Student Loans

Letter With Check Box to Dispute Debt Created Potential FDCPA Claims, Court Rules

A collection letter potentially violated the Fair Debt Collection Practices Act (FDCPA) because a box that the plaintiff could check to indicate that she disputed the validity of the debt was accompanied by a statement that a...more

2/28/2017 - CFPB Debt Collection Debt Collectors FDCPA Financial Sector Financial Services Industry SBREFA

NY Payroll Debit Card Regulation Declared Invalid

A New York regulation establishing conditions for the payment of wages by direct deposit or debit card scheduled to take effect on March 7, 2017, has been invalidated and revoked by the state's Industrial Board of Appeals...more

2/27/2017 - Appeals ATMs Debit Cards Fees Financial Services Industry Industrial Board of Appeals Payroll Cards Wage and Hour Wages

Sixth Circuit Denies Arbitration in TCPA Class Action for Calls to Past Customers

Phone calls made by a lawn care company after the termination of a customer's contract were beyond the scope of the parties' agreement to arbitrate any claim "arising from or relating to" their contract, the U.S. Court of...more

2/22/2017 - Arbitration ATDS Auto-Dialed Calls Class Action Consumer Contracts Contract Terms Federal Arbitration Act Mandatory Arbitration Clauses Right to Privacy Robocalling TCPA

Fate of House bill to change class action procedures could be barometer for CFPB arbitration rule

On February 9, 2017, the House Judiciary Committee by a vote of 19-12 passed the Fairness in Class Action Litigation Act of 2017, a bill that would make significant changes to the procedures for class actions in federal...more

2/17/2017 - Attorney's Fees CFPB Class Action Class Certification Class Members Rule 23 Senate Judiciary Committee

D.C. Circuit grants CFPB’s petition for rehearing en banc in PHH case

The D.C. Circuit has entered an order granting the CFPB’s petition for rehearing en banc in the PHH case.  Because the order was issued per curiam, it does not indicate which of the active judges voted to grant the petition...more

2/17/2017 - Administrative Proceedings ALJ Appointments Clause Article III Banking Sector CFPB Constitutional Challenges Dodd-Frank En Banc Review PHH Corp. v CFPB Popular Removal For-Cause RESPA Single Director Statutory Interpretation

NY Licensing Proposal Threatens New Burdens on Financial Services Providers, Reduced Credit Availability

Proposed legislation to implement New York Governor Andrew Cuomo's 2018 Fiscal Year Executive Budget would amend the New York Licensed Lender Law to significantly extend its licensing requirements. The proposal threatens to...more

2/15/2017 - Banking Sector Consumer Lenders Financial Services Industry FinTech Lenders Licensing Rules Loans National Bank Charters NYDFS Proposed Legislation Regulatory Oversight

House Financial Services Committee Chairman Hensarling Proposes Changes to the CHOICE Act.

On Monday, Chairman Hensarling circulated a memorandum to the House Financial Service Committee Leadership Team suggesting key revisions to the CHOICE Act. It only addresses proposed changes to the CHOICE Act; several key...more

2/10/2017 - Appropriation Banking Sector Capital Requirements CFPB Dodd-Frank PHH Corp. v CFPB Proposed Legislation Regulatory Oversight Removal For-Cause Rulemaking Process Single Director Stress Tests UDAAP

Director Cordray responds to questions on proposed arbitration rule

Director Cordray has sent a letter to Senator Jeff Flake responding to a series of questions posed by the Senator on the CFPB’s proposed arbitration rule. The comment period on the proposed rule closed on August 22, 2016. ...more

2/10/2017 - Arbitration Arbitration Agreements Attorney's Fees CFPB Class Action Class Action Arbitration Waivers Congressional Review Act Consumer Contracts Court Nullification Dodd-Frank Federal Arbitration Act Richard Cordray

Some thoughts on President Trump’s authority to replace Director Cordray

There has been some debate about President Trump’s authority to designate a replacement for Director Cordray should he resign or be removed by the President. The Dodd-Frank Act authorizes the CFPB Director to appoint a...more

2/3/2017 - Administrative Appointments Banking Sector CFPB Dodd-Frank Federal Vacancies Reform Act PHH Corp. v CFPB Recess Appointments Removal For-Cause Richard Cordray Single Director Statutory Interpretation Trump Administration

DOJ Files Redlining Lawsuit Against KleinBank

The U.S. Department of Justice (DOJ) recently commenced a redlining lawsuit against KleinBank, a state-chartered Minnesota bank subject to the regulatory authority of the Federal Deposit Insurance Corporation (FDIC). The...more

1/31/2017 - Banking Sector CFPB Community Reinvestment Act Consumer Financial Products Consumer Lenders Discriminatory Lending Practices DOJ ECOA Fair Housing Act (FHA) HMDA Mortgage Lenders Mortgages Race Discrimination Redlining

NYDFS, American Bankers Association Weigh In On OCC Fintech Charter Proposal

The New York State Department of Financial Services (NYDFS) has come out strongly against an Office of the Comptroller of the Currency (OCC) proposal to grant national bank charters to financial technology (fintech)...more

1/30/2017 - American Bankers Association Anti-Money Laundering Banking Sector Banks Capital Requirements CFPB Community Reinvestment Act Fair Lending FDIC Federal Reserve FinTech Fintech Charter National Bank Act National Bank Charters NYDFS OCC OFAC Regulatory Oversight Technology Terrorism Funding

Letter Warning of Lien Recordation Subject to FDCPA, Ninth Circuit Holds

A law firm's letter, warning that a lien would be recorded against a woman's home if she failed to pay her annual homeowners association fees, is not exempt from the Fair Debt Collection Practices Act (FDCPA) as an attempt to...more

1/26/2017 - Appeals Debt Collection Debt Collectors FDCPA HOA Dues Liens Motion to Dismiss

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