Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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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

OCC Proposes to Grant National Bank Charters to Financial Technology Companies

For the first time, the Office of Comptroller of Currency (OCC) will allow financial technology (fintech) companies to apply for national bank charters. The OCC has invited public comment on the concept with a deadline for...more

12/9/2016 - Banks Financial Sector FinTech Innovative Technology OCC Online Marketplace Lending

Will the CFPB issue a final arbitration rule before Jan. 20?

Last week, the Wall Street Journal reported that the CFPB is pushing to finalize its arbitration rule before Donald Trump’s inauguration as President on January 20.  The comment period on the proposed rule closed on August...more

11/29/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Congressional Review Act Constitutional Challenges Consumer Contracts Consumer Financial Products Final Rules Financial Sector Financial Services Industry Payday Loans PHH Corp. v CFPB SBREFA Service Contracts Title Loans Trump Administration

CFPB asks for rehearing en banc in PHH case

As we expected, the CFPB filed a petition with the D.C. Circuit this past Friday asking it to grant a rehearing en banc of its decision in CFPB v. PHH Corporation.  Under D.C. Circuit rules, PHH may not file a response to the...more

11/21/2016 - CFPB Constitutional Challenges Dodd-Frank En Banc Review PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation

FTC seeks information on class action claims rates

The FTC has announced that to study the effectiveness of various class action settlement notice programs, it has issued orders to eight claims administrators requiring them to provide information on their procedures for...more

11/18/2016 - Arbitration Class Action Financial Sector FTC Notifications Settlement

Receiver for payday lenders sued by CFPB files malpractice lawsuit

The court-appointed receiver for a group of interrelated companies sued by the CFPB in September 2014 for engaging in allegedly unlawful online payday lending activities has filed a malpractice lawsuit against the law firm...more

11/18/2016 - Attorney Malpractice Breach of Duty CFPA CFPB Consumer Financial Products Contract Drafting EFTA Electronic Fund Transfer Act Fiduciary Duty Financial Sector Financial Services Industry Loans Nevis Online Marketplace Lending Payday Loans Truth in Lending Act (TILA) Unfair or Deceptive Trade Practices

FTC Seeks Information on Class Action Claims Rates

The Federal Trade Commission (FTC) has announced that to study the effectiveness of various class action settlement notice programs, it has issued orders to eight claims administrators requiring them to provide information on...more

11/18/2016 - Arbitration CFPB Class Action Financial Sector FTC Notifications Request For Information Settlement

FTC continues vigorous use of enforcement authority

As observers ponder the CFPB’s future in a Trump Administration, the Federal Trade Commission’s continuing role as an enforcer of federal consumer financial protection laws should not be overlooked. Over the approximately...more

11/18/2016 - CFPA CFPB CROA ECOA EFTA Enforcement Actions FCRA FDCPA Financial Sector FTC FTC Act Gramm-Leach-Blilely Act Military Lending Act Section 5 Truth in Lending Act (TILA) Unfair or Deceptive Trade Practices

CFPB post-election changes could increase state enforcement activity

Since last Tuesday’s election, there has been much discussion of how expected changes under a Trump Administration are likely to reduce the CFPB’s impact, particularly in the enforcement arena. Little attention, however, has...more

11/17/2016 - Attorney Generals CFPA CFPB Donald Trump Enforcement Actions Financial Services Industry Presidential Elections Trump Administration

Envelope’s Display of Barcode With Embedded Account Number Does Not Violate FDCPA, Court Rules

A federal district court in Florida has ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) by sending a collection letter in an envelope that allegedly revealed a barcode in which the...more

11/10/2016 - Article III Corporate Counsel Debt Collection Debt Collectors FDCPA Financial Sector Financial Services Industry Injury-in-Fact Spokeo v Robins Standing

Election results portend significant changes for CFPB

As a result of Donald J. Trump’s election as President, coupled with the Democrats’ failure to wrest control of the House or Senate from the Republicans, the CFPB can be expected to undergo significant changes that are likely...more

11/10/2016 - Administrative Proceedings Arbitration Automotive Loans Banking Sector CFPB Dodd-Frank Donald Trump Fair Lending Payday Loans PHH Corp. v CFPB Popular Presidential Nominations Removal For-Cause Richard Cordray Single Director

Federal Court Enjoins U.S. Agency’s Nursing Home Arbitration Agreement Ban

The Centers for Medicare and Medicaid Services (CMS), an agency within the U.S. Health and Human Services Department, recently issued a final rule prohibiting nursing homes and other long-term care facilities from utilizing...more

11/9/2016 - Arbitration Arbitration Agreements Binding Arbitration CMS Contract Terms Federal Arbitration Act Health Care Providers Healthcare HHS Long Term Care Facilities Long-Term Care Medicaid Medicare Nursing Homes Skilled Nursing Facility

Dept. of Ed. Bans Pre-Dispute Arbitration Agreements by Title IV Schools

The U.S. Department of Education has issued a final rule that broadly addresses the ability of a student to assert a school's misconduct as a defense to repayment of a federal student loan. The final rule includes a ban on...more

11/4/2016 - Arbitration Agreements Borrowers CFPB Consumer Financial Products Department of Education Educational Institutions Federal Arbitration Act Federal Student Loans Higher Education Act Loans Misrepresentation Program Participation Agreements (PPAs) Title IV

DC Circuit Hears TCPA Oral Arguments

Oral arguments were recently held before the U.S. Court of Appeals District of Columbia Circuit in a consolidated case, spearheaded by ACA International, challenging the Federal Communications Commission's (FCC) recent order...more

10/27/2016 - Arbitrary and Capricious ATDS Auto-Dialed Calls Cell Phones Declaratory Rulings FCC Financial Sector Reassigned Phone Numbers Robocalling Safe Harbors Smartphones TCPA

Hensarling seeks assurance of CFPB compliance with limits on executive agencies

Republican Congressman Jeb Hensarling, who chairs the House Financial Services Committee, has sent a letter to Director Cordray asking him to provide written assurance by October 26, 2016 that, as a result of the D.C....more

10/21/2016 - Administrative Proceedings Article II Banking Sector CFPB Constitutional Challenges Dodd-Frank Financial Services Committee OIRA PHH Corp. v CFPB Removal For-Cause Richard Cordray Single Director Statutory Interpretation

Federal Banking Agencies Propose New Requirements for Managing Cyber Risk

Three federal banking agencies have announced plans to develop new rules that would establish cyber risk management and resiliency standards for large interconnected entities under the agencies' supervision, as well as those...more

10/21/2016 - Advanced Notice of Proposed Rulemaking (ANPRM) Cyber Attacks Cybersecurity FDIC Federal Reserve FFIEC Financial Institutions Financial Sector Financial Services Industry Hackers Handbooks Incident Response Plans OCC Risk Management

CFPB Deputy Enforcement Director mum on whether CFPB will seek further review of PHH decision

During the “Developments at the CFPB” panel this morning at the Pennsylvania Bar Institute Consumer Financial Services & Banking Law Update program in Philadelphia, Jeffrey Ehrlich, the CFPB’s Deputy Enforcement Director,...more

10/19/2016 - Administrative Proceedings Article II Banking Sector CFPB Constitutional Challenges Dodd-Frank Due Process HUD Insurance Industry Kickbacks Mortgage Insurance Mortgages PHH Corp. v CFPB Referral Fees Reinsurance Removal For-Cause RESPA Single Director Statute of Limitations Statutory Interpretation

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