Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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CFPB soliciting suggestions for its amicus brief program

The Consumer Law & Policy Blog has reproduced a copy of a letter sent yesterday by the CFPB seeking suggested cases for the CFPB’s amicus brief program. ...more

12/19/2014 - CFPB Consumer Financial Products SCOTUS

Petitioner Opposes NY Regulator’s Motion To Dismiss Lawsuit Seeking Access to Database of Alleged Illegal Payday Lenders

The consumer financial services attorney (the petitioner) who sued the New York State Department of Financial Services (DFS) and its superintendent, Benjamin Lawsky, to obtain access to DFS’s database of alleged illegal...more

12/17/2014 - Consumer Lenders FOIA Motion to Dismiss Payday Loans

Class Action Not Mooted by Unaccepted Rule 68 Offers of Judgment to Putative Class Representatives, 11th Circuit Holds

The U.S. Court of Appeals for the 11th Circuit recently held that a class action was not mooted by the unaccepted offers of judgment made by the defendant to each putative class representative in the full amount of his or her...more

12/9/2014 - Appeals Class Action Mootness Offer of Judgment Putative Class Actions Rule 68

AFSA responds to state AG call for arbitration limits

The American Financial Services Association (AFSA) has sent a letter to Director Cordray responding to the letter sent to him last month by 16 Democratic state attorneys general calling on the CFPB to limit the use of...more

12/9/2014 - Arbitration Agreements CFPB Consumer Financial Products UDAAP

New York Issues Far-Reaching Debt Collection Regulations

The New York Department of Financial Services (DFS) published its final debt collection regulations on December 3, 2014, following an extensive rulemaking period. The regulations impose requirements on third-party debt...more

12/8/2014 - Debt Buyers Debt Collection Department of Financial Services Disclosure Requirements Electronic Communications FDCPA New Regulations Prior Express Consent

PA Elder Abuse Prevention and Reporting Update

The Elder Law Task Force of the Supreme Court of Pennsylvania (the "Task Force") recently issued a report containing 130 recommendations to prevent elder abuse in Pennsylvania. A large portion of the report and a significant...more

12/8/2014 - Elder Abuse Financial Abuse Information Reports

Credit Monitoring Company Enters Consent Order with Government Regarding Online ‘Negative Option’

The Federal Trade Commission (FTC) and the Attorneys General of Ohio and Illinois recently entered into a stipulated settlement order with a credit monitoring company arising out of the company’s alleged conduct concerning...more

12/1/2014 - Consent Order Credit Monitoring FTC Permanent Injunctions

Federal Trade Commission Seeks Comments on Proposed Changes to Used Car Rule

The Federal Trade Commission (FTC) recently announced that it is seeking supplemental public comments on proposed changes to its Used Motor Vehicle Trade Regulation Rule (Used Car Rule) and the Used Car Buyers Guide (Buyers...more

12/1/2014 - Automotive Industry Car Dealerships FTC Proposed Amendments Public Comment

FTC Challenges Privacy Self-Regulation Offered by TRUSTe

The Federal Trade Commission (FTC) recently announced an enforcement action against TRUSTe, a provider of privacy certifications for online businesses. The settlement resolves allegations that TRUSTe deceived consumers about...more

11/21/2014 - Certifications Enforcement Actions FTC Privacy Policy

FTC Continues Regulatory Scrutiny of the Debt Buying Industry

The Federal Trade Commission (FTC) recently obtained temporary injunctions against two passive debt buyers, which are companies that buy and sell debt portfolios and exclusively use third-party debt collectors. In complaints...more

11/19/2014 - Debt Buyers Enforcement Actions FTC Junk Debt OCC Preliminary Injunctions Section 5

Another Federal Court Rules Debt Collector’s Voice Message Does Not Violate FDCPA

The U.S. District Court for the Eastern District of New York recently ruled that a voicemail message containing the caller’s name and identifying the caller as a debt collector with “an important message” was not a...more

11/19/2014 - Confidential Communications Corporate Counsel Debt Collection FDCPA Voicemail

Further Thoughts on the St. John’s Consumer Arbitration Study

Jeff Sovern, through his Consumer Law & Policy Blog, recently responded to our criticism that the St. John’s study didn’t include arbitration provisions with opt-out features. Jeff makes the point that since consumers don’t...more

11/18/2014 - Arbitration Arbitration Agreements Class Action Federal Arbitration Act Opt-Outs

CFPB Proposes Sweeping Changes for Prepaid Cards

The Consumer Financial Protection Bureau has issued an 870-page proposal for prepaid cards (including 156 pages of actual proposed rules) that mandates new disclosures, error resolution procedures, consumer liability limits...more

11/14/2014 - CFPB Prepaid Payment Products Proposed Regulation

FCC Accepting Comments on ABA Petition To Exempt Fraud Notifications from TCPA Requirements

The Federal Communications Commission (FCC) recently issued a Public Notice requesting comments on a petition by the American Bankers Association (ABA) to exempt time-sensitive informational calls to mobile devices from the...more

11/13/2014 - American Bankers Association FCC Fraud Mobile Devices Notice Requirements Prior Express Consent Public Comment TCPA

Some thoughts on the St. John’s School of Law’s analysis of consumer understanding of arbitration agreements

Following on the heels of the Pew Foundation’s survey of consumer attitudes towards arbitration and the CFPB’s on-going empirical study of consumer arbitration, a group of professors from St. John’s University School of Law...more

11/11/2014 - Arbitration Arbitration Agreements CFPB Pew Foundation Surveys

CFPB’s constitutionality again before D.C. Circuit in Morgan Drexen appeal

The CFPB’s constitutionality is again before the D.C. Circuit, with the D.C Circuit now being asked to consider the impact of the U.S. Supreme Court’s decision in NLRB v. Canning on actions taken by the CFPB while Director...more

11/7/2014 - Canning v NLRB CFPB Recess Appointments SCOTUS

CFPB issues snapshot of debt collection complaints filed by older consumers

The CFPB’s Office of Older Americans has issued a report titled “a snapshot of debt collection complaints submitted by older consumers,” which provides information drawn from complaints submitted to the CFPB from July 2013 to...more

11/7/2014 - CFPB Debt Collection Debt Collectors Information Reports

Federal District Court Vacates HUD Disparate Impact Rule

In a Fair Housing Act (FHA) case we have been watching for some time, the federal district court in Washington, D.C., recently issued an opinion vacating the U.S. Department of Housing and Urban Development’s (HUD’s)...more

11/6/2014 - Administrative Procedure Act Disparate Impact FHA HUD

Web-Based Platform Not Autodialer under TCPA, California Federal Court Rules

A California federal court recently ruled in Marks v. Crunch San Diego, LLC, that a third-party Web-based platform used by a health club to send text messages to its members was not an “automated telephone dialing system”...more

11/6/2014 - FCC Robocalling TCPA Text Messages

FCC Gives Entities Six Months To Comply with Order Requiring Opt-Out Notices for Faxed Ads Sent with Prior Consent under TCPA

The Federal Communications Commission (FCC) recently issued an order finally clarifying that opt-out notices are required in solicited facsimile advertisements. In doing so, the FCC recognized the confusion caused by its...more

11/4/2014 - Advertising Faxes FCC Opt-Outs Prior Express Consent Written Notice

Regulators Adopt Risk Retention Rule with Few Changes

A final credit risk retention rule was recently issued with respect to asset-backed securities (ABS) by the prudential bank regulators (the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance...more

10/29/2014 - Asset-Backed Securities Collateralized Loan Obligations Dodd-Frank FDIC Federal Reserve OCC Risk Retention SEC Securities

FTC Brings First ROSCA Enforcement Action

The Federal Trade Commission (FTC) recently brought its first enforcement action under the Restore Online Shoppers’ Confidence Act (ROSCA) against multiple defendants that the FTC alleges engaged in a common enterprise to...more

10/23/2014 - Dietary Supplements Electronic Fund Transfer Act Enforcement Actions FTC Internet Retailers Retailers ROSCA Telemarketing Sales Rule Unfair or Deceptive Trade Practices

President Issues Executive Order to Improve Security of Federal Payment Systems

President Obama recently signed an executive order requiring federal agencies to improve the security of payment card transactions by upgrading to chip-and-PIN payment systems, which enable payments to be processed using an...more

10/23/2014 - Credit Cards Data Protection Executive Orders Financial Regulatory Reform Payment Systems

CFPB Issues Final Rule on Gramm-Leach-Bliley Act Annual Privacy Notices

The Consumer Financial Protection Bureau has issued a final rule that amends Regulation P to allow financial institutions that meet certain requirements to deliver annual privacy notices to their customers using an...more

10/22/2014 - CFPB Gramm-Leach-Blilely Act Privacy Policy Regulation P Websites

CFPB Student Loan Ombudsman Files Third Annual Report Highlighting Bureau’s Hot Button Issues in Student Lending

The CFPB released its third Annual Report of the Student Loan Ombudsman, Rohit Chopra, discussing complaints received by the CFPB about private student loans and the lessons drawn by the Ombudsman from those complaints....more

10/21/2014 - CFPB Fair Lending Information Reports Ombudsman Student Loans Students

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