Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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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

Ninth Circuit: In-Box Arbitration Clause Not a Binding Contract

Adding more complexity to the issue of arbitration contract formation, the Ninth Circuit has rejected Samsung's attempt to compel individual arbitration of fraud claims asserted by plaintiffs in two class actions. Ruling in...more

1/25/2017 - Arbitration Cell Phones Class Action Consent Contract Terms Fraud Mandatory Arbitration Clauses Mobile Devices Motion to Compel Opt-Outs Samsung Smartphones Warranties Wireless Devices Wireless Industry Wireless Technology

CFPB representatives to be featured at 22nd Annual PLI Consumer Financial Services Institute

The 22nd Annual Consumer Financial Services Institute, sponsored by the Practising Law Institute, will take place on March 27-28, 2017 in New York City (and by live webcast and groupcast in Atlanta; Philadelphia, Pittsburgh,...more

1/24/2017 - Banking Sector CFPB Class Action Data Privacy Data Security Debt Collection Enforcement Actions Fair Lending FCRA Mortgages Regulatory Oversight TCPA Trump Administration

Data Breach Class Action Reinstated Against Horizon Healthcare Services Inc.

The U.S. Court of Appeals for the Third Circuit has vacated a district court's dismissal of a data breach class action filed against Horizon Healthcare Services Inc., in the wake of the 2013 theft of two computer laptops...more

1/24/2017 - Appeals Article III Class Action Data Breach Electronic Medical Records FCRA Health Care Providers Healthcare HIPAA HIPAA Breach Injury-in-Fact Laptop Computers Personally Identifiable Information PHI Standing

Director Cordray’s Wall Street Journal interview today

Here are the highlights from Richard Cordray’s interview earlier today with the Wall Street Journal. He refused to respond to the question of whether or not the memo issued on January 20 on behalf of President Trump by...more

1/24/2017 - Banking Sector CFPB Constitutional Challenges Data Collection Dodd-Frank Enforcement Actions Loans Recess Appointments Removal For-Cause Richard Cordray Rulemaking Process Small Business Trump Administration

Trump Administration issues regulatory freeze; application to CFPB uncertain

On Inauguration Day, Reince Priebus, Assistant to the President and Chief of Staff, issued a “Memorandum for the Heads of Executive Departments and Agencies” with the subject line “Regulatory Freeze Pending Review” that...more

1/23/2017 - Appeals CFPB Constitutional Challenges Dodd-Frank Federal Register Financial Sector PHH Corp. v CFPB Regulatory Oversight Removal For-Cause Richard Cordray Single Director Trump Administration

D.C. Circuit grants PHH’s motion for leave to file supplemental response

Last Friday, the D.C. Circuit entered an order granting PHH’s motion for leave to file a supplemental response to the CFPB’s petition for rehearing en banc.  On December 22, PHH and the United States filed responses to the...more

1/17/2017 - Administrative Proceedings Banking Sector CFPB Constitutional Challenges Dodd-Frank Motion for Leave PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation

Supreme Court Agrees to Decide Enforceability of Class Action Waivers in Employment Agreements

The U.S. Supreme Court has agreed to decide an important issue that has deeply divided the Courts of Appeals—are arbitration provisions in employment agreements that waive an employee's right to bring or participate in class...more

1/16/2017 - Arbitration Arbitration Agreements Case Consolidation Certiorari Class Action Class Action Arbitration Waivers Collective Actions Employment Contract Federal Arbitration Act NLRA SCOTUS Section 7

CFPB possibly amenable to changing its prepaid account rule

At a panel discussion today on the prepaid account rule, held as part of the meeting of the American Bar Association Committee on Consumer Financial Services in Carlsbad, CA, Kristine Andreassen, the team leader for the CFPB...more

1/13/2017 - American Bar Association (ABA) CFPB Consumer Financial Products Financial Sector Financial Services Industry Prepaid Payment Products Regulatory Standards Small Entity Compliance Guide

Ninth Circuit Rejects Implied "Ascertainability" Requirement for Class Certification

Deepening an already-existing circuit split, the Ninth Circuit has held that class certification is appropriate even if plaintiff has not shown that identifying class members is "administratively feasible." Expressly...more

1/10/2017 - Ascertainable Class Class Action Class Certification ConAgra False Advertising Food Labeling Natural Products Rule 23

OCC Addresses Concerns on Issuance of National Bank Charters to Fintech Companies

The Office of the Comptroller of the Currency (OCC) has proposed to allow financial technology (fintech) companies to apply for full or special purpose national bank charters. In advance of the proposal's January 15, 2017,...more

1/9/2017 - Banking Sector Federal Reserve FinTech Fintech Charter National Bank Charters OCC

Tribal Sovereign Immunity Not a Bar to Payday Lending Enforcement Action, California Supreme Court Rules

In a state enforcement action alleging violations of California's lending law and seeking to enjoin continued lending to state residents, the California Supreme Court has ruled that the two tribally affiliated entities that...more

1/4/2017 - CA Supreme Court Civil Investigation Demand Consumer Financial Products Financial Sector Financial Services Industry FTC FTC Act Internet Lenders Native American Issues Payday Loans Popular Sovereign Immunity Tribal Loans

NYDFS Revises Cybersecurity Regulation, Extends Effective Date to March 1, 2017

The New York Department of Financial Services (NYDFS) announced today a revised regulation that will require all institutions subject to NYDFS supervision to establish and maintain a cybersecurity program meeting "certain...more

12/29/2016 - Banking Sector Banks CISO Comment Period Cybersecurity Cybersecurity Framework Data Protection Financial Institutions Financial Services Industry Insurance Industry NYDFS Risk Management Third-Party Service Provider

Non-profit group files FOIA action against CFPB for access to arbitration rule records

The Cause of Action Institute has filed an action against the CFPB under the Freedom of Information Act (FOIA) seeking information related to the CFPB’s proposed arbitration rule. In its complaint filed in D.C. federal...more

12/16/2016 - Arbitration Banking Sector CFPB Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Financial Services Industry FOIA

Innovation versus consumer protection: emerging battle lines

The announcement by the Office of Comptroller of Currency that it will allow financial technology (fintech) companies to apply for national bank charters as way of fostering “responsible innovation” has already drawn fire...more

12/12/2016 - Banking Sector CFPA CFPB Consumer Financial Products Financial Services Industry FinTech Innovation Innovative Technology NYDFS OCC Project Catalyst Technology Trump Administration UDAAP

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