Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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Flurry of FCRA Complaints Recently Filed in Nevada Courts

Approximately 50 cases have been filed recently in Nevada state and federal courts against furnishers of information and credit reporting agencies (CRAs) for alleged Fair Credit Reporting Act (FCRA) violations. It appears...more

10/12/2015 - Cause of Action Accrual Consumer Bankruptcy Consumer Complaint Management Consumer Financial Products Credit Cards Credit Reporting Agencies Credit Reports Debt Dischargeable Debts FCRA Financial Sector Financial Services Industry

U.S. Supreme Court Hears Oral Arguments in Case to Decide Whether Loan Guarantors Are “Applicants” Under ECOA

The U.S. Supreme Court heard oral arguments on Monday in the case of Hawkins v. Community Bank of Raymore, the result of which will determine whether a spousal guarantor is an “applicant” under the Equal Credit Opportunity...more

10/9/2015 - Banking Sector Banks Cause of Action Accrual CFPB Discrimination ECOA Federal Reserve Financial Institutions Financial Sector Loans Regulation B SCOTUS Spousal Guaranty

CFPB Proposes Ban on Class Action Waivers

Today, the CFPB announced at a field hearing in Denver, Colorado that it is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration...more

10/8/2015 - Arbitration CFPB Class Action Class Action Arbitration Waivers Financial Services Industry Small Business

CFPB to Consumer Financial Services Companies: Prepare to Wave Goodbye to Class Action Waivers

The Consumer Financial Protection Bureau (CFPB) is considering proposing rules that would prohibit consumer financial services companies from using class action waivers in consumer arbitration clauses, the CFPB announced...more

10/8/2015 - Arbitration Agreements AT&T Mobility v Concepcion CFPB Class Action Class Action Arbitration Waivers Class Certification Consumer Financial Products Financial Sector Financial Services Industry Mandatory Arbitration Clauses SCOTUS Small Business

House Financial Services Committee Passes Bill to Change Management Structure of CFPB

Wednesday, the House Financial Services Committee passed by 35 to 24, H.R. 1266, which would replace the CFPB’s sole director with a bipartisan, five-member Commission. Also, the Committee passed 56 to 3, H.R. 957, which...more

10/2/2015 - Administrative Appointments CFPB Financial Sector

European Court of Justice May Invalidate Safe Harbor Framework

In a landmark decision that threatens to undo the process by which American companies handle personal data flowing from the European Union, the Advocate General (AG) of the European Court of Justice (ECJ) issued an advisory...more

10/1/2015 - Advocate General Better Business Bureau Cybersecurity Data Protection Data Security Data Transfers ECJ Edward Snowden EU Data Protection Laws European Court of Justice Facebook FTC NSA Personal Data PRISM Program Safe Harbors U.S. Commerce Department US-EU Safe Harbor Framework

Payday Lenders’ “Operation Choke Point” Suit Allowed To Proceed

In a June 2014 alert, we discussed Community Financial Services Association vs. Federal Deposit Insurance Corporation, a payday loan industry suit challenging on various grounds certain supervisory and interpretive statements...more

9/30/2015 - Administrative Procedure Act Banking Sector Banks Choke Point Consumer Financial Products Consumer Lenders DOJ FDIC Financial Institutions Financial Sector Financial Services Industry Motion to Dismiss Payday Loans Subject Matter Jurisdiction

Director Cordray to testify tomorrow before House Committee on Financial Services

On Tuesday, September 29, Director Cordray will testify once again before the House Committee on Financial Services at 10 am. The Hearing is entitled “The Semi-Annual Report of the Bureau of Consumer Financial Protection”....more

9/29/2015 - Arbitration Consumer Financial Products Consumer Lenders Financial Institutions Financial Sector Financial Services Industry Mortgage Lenders Mortgages TILA-RESPA Integrated Disclosure Rule (TRID)

Setting the Record Straighter

Recently, Professor Jeff Sovern sent an email to the editor of the Consumer Financial Services Law Report commenting on an article we published in the August 9, 2015 issue of the Report titled, “CFPB Makes Consumer...more

9/23/2015 - Arbitration CFPB Class Action Consumer Financial Contracts Financial Sector Financial Services Industry Settlement

FCC Issues Citations for Violations of TCPA Consent Requirement for Autodialed or Prerecorded Telemarketing Calls

The Federal Communications Commission (FCC) recently issued citations to two companies charged with violating the Telephone Consumer Protection Act (TCPA) consent requirements for autodialed or prerecorded calls to wireless...more

9/21/2015 - Apple Pay Banking Sector Banks Cell Phones Class Action Disclosure Requirements FCC Online Banking Opt-Outs Prior Express Consent Right to Privacy Robocalling Smartphones TCPA Telecommunications Telemarketing

FTC Announces Settlement with Auto Loan Servicer for Alleged Violations of FCRA Furnisher Rule

The Federal Trade Commission (FTC) recently announced a settlement with a company that services auto loans for alleged violations of the Fair Credit Reporting Act (FCRA) “Furnisher Rule.” The settlement serves as a reminder...more

9/18/2015 - Automotive Loans CFPB Civil Monetary Penalty Consumer Lenders Consumer Reporting Agencies CRA FCRA Financial Sector Financial Services Industry FTC FTC Act Unfair or Deceptive Trade Practices

NY Amends Debt Collection Regulations, Issues More Guidance

The New York Department of Financial Services (DFS) has amended several provisions of its Third-Party Debt Collector and Debt Buyer Regulations and issued additional guidance in the form of new frequently asked questions...more

9/9/2015 - Borrowers Consumer Financial Contracts Consumer Lenders Creditors Debt Buyers Debt Collection Debt Collectors FDCPA NYDFS Third-Party Agents

Federal Reserve Bank of Cleveland Reports on Online Small Business Lending Focus Groups

The Federal Reserve Bank of Cleveland recently issued a special report on the results of online focus groups it conducted with the Federal Reserve Board “to better understand small businesses’ perceptions of online...more

9/4/2015 - Borrowers Consumer Lenders Cyber Threats Cybersecurity Data Breach Data Security Federal Reserve Financial Sector Financial Services Industry Loans Online Marketplace Lending Popular Privacy Concerns Request For Information Small Business

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more

9/3/2015 - Appeals Cell Phones FCC Hobbs Act Loan Modification Agreements Prior Express Consent Reasonable Expectation of Privacy Right to Privacy Robocalling TCPA Telecommunications Telemarketing Text Messages Unsolicited Phone Calls

The Next EFTA Class Action Wave Has Started

A new type of Electronic Funds Transfer Act (EFTA) class action is now being filed in volume. This trend is highly likely to continue, as the cases are being filed by a consumer class action firm that has filed hundreds of...more

9/2/2015 - Banking Sector Banks Class Action Debit and Credit Card Transactions EFTA Financial Institutions Financial Sector TCPA Written Consent

FTC Can Regulate Cybersecurity Practices, Third Circuit Rules

The Federal Trade Commission (FTC) can regulate cybersecurity policies and procedures as “unfair” acts or practices under Section 5 of the FTC Act, the U.S. Court of Appeals for the Third Circuit has ruled in a very important...more

9/1/2015 - Appeals Banking Sector Banks Best Practices COPPA Cyber Attacks Cyber Crimes Cybersecurity Cybersecurity Framework Data Protection Data Security Dodd-Frank FCRA Financial Institutions Financial Sector Fraudulent Charges FTC FTC Act FTC v Wyndham Gramm-Leach-Blilely Act Hackers Jurisdiction Motion to Dismiss NIST Section 5 Unfair or Deceptive Trade Practices Wyndham

Noted Scholars Critique the CFPB’s Arbitration Study and Find It Lacking

We have previously blogged about the comment letter concerning the CFPB’s March 10, 2015 Study on consumer arbitration that we submitted to the CFPB on behalf of the American Bankers Association, the Consumer Bankers...more

8/26/2015 - American Bankers Association Arbitration Arbitration Agreements Banking Sector CFPB Dispute Resolution Financial Sector Financial Services Industry

Treasury Department Extends Comment Period for Online Marketplace Lending Information Request

The U.S. Department of the Treasury has extended the deadline for submitting comments in response to its request for information (RFI) regarding online marketplace lending. Initially set to close on August 31, 2015, the...more

8/20/2015 - Consumer Lenders Financial Regulatory Reform Financial Services Industry Internet Lenders Request For Information U.S. Treasury

Two Federal Circuit Courts Weigh In Ahead of Gomez

Just two months before the U.S. Supreme Court hears argument in Campbell-Ewald Co. v. Gomez, two federal circuit court panels have ruled on jurisdictional issues presented in the case. Both the Seventh Circuit in Chapman v....more

8/19/2015 - Article III Campbell Ewald v Gomez EFTA Electronic Fund Transfer Act Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Jurisdiction Rule 23 Rule 68 SCOTUS TCPA

Federal, State Law Preempts New York City Responsible Banking Act, Federal Court Rules

New York City’s Responsible Banking Act (RBA) is preempted by federal and state law, a federal court has ruled. Pursuant to the New York City Charter, only financial institutions that are designated “deposit banks” by the...more

8/18/2015 - Banking Industry Regulations Banking Sector Banks Compliance Financial Institutions Preemption Small Business

Professor Sovern’s comments about CFPB arbitration study numbers don’t add up

In a recent blog post, Professor Jeff Sovern responded to our blog post indicating that the CFPB’s March 10, 2014 Arbitration Study strongly supports the industry’s view that consumers fare better in arbitration than...more

8/18/2015 - American Arbitration Association Arbitration CFPB Class Action Dispute Resolution Financial Services Industry

FCC Fines Companies $2.96 Million for TCPA Robocall Violations, Adopts New Interpretations

The Federal Communications Commission (FCC) has recently taken two significant actions addressing robocalls under the Telephone Consumer Protection Act (TCPA)—the imposition of a $2.96 million fine and the adoption of new...more

8/17/2015 - Cell Phones Do Not Call List FCC Popular Prior Express Consent Private Right of Action Right to Privacy Robocalling Smartphones TCPA Telecommunications

Limited Liability Company Can Sue as “Person” Under FDCPA, Sixth Circuit Rules

A limited liability company is a “person” that can file a lawsuit under the Fair Debt Collection Practices Act (FDCPA), the U.S. Court of Appeals for the Sixth Circuit has ruled. In Anarion Investments LLC v. Carrington...more

8/14/2015 - Appeals Civil Liability Debt Collectors FDCPA Financial Institutions Financial Services Industry Foreclosure FTC Homeowners Limited Liability Companies LLC Mortgage Lenders Mortgage Servicers Mortgages

California Supreme Court Upholds Arbitration Clause, but Unconscionability Remains a Defense to Arbitration

The California Supreme Court issued its long-awaited decision in Sanchez v. Valencia Holding Company, LLC, on August 3, 2015, reversing a finding by the Court of Appeal that an arbitration provision was unconscionable...more

8/12/2015 - Appeals Arbitration AT&T Mobility v Concepcion Best Practices CA Supreme Court Class Action CLRA Corporate Counsel Federal Arbitration Act Injunctive Relief Putative Class Actions SCOTUS Unconscionable Contracts

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