Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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Washington State AG Sues Student Loan Debt Adjustment Firm

The Washington State Attorney General recently filed an action in state court against a student loan debt adjustment firm and its individual principal alleging that the firm charged illegal fees and failed to provide required...more

4/16/2015 - Attorney Generals Consumer Protection Act Debt-Relief Industry Disclosure Requirements Enforcement Actions Student Loans Transaction Fees

Third Circuit Rules FDCPA Claims Can Be Based on Foreclosure Complaints

The U.S. Court of Appeals for the Third Circuit recently ruled that foreclosure complaints can be the basis of Fair Debt Collection Practices Act (FDCPA) claims. This decision continues the Third Circuit's expansive...more

4/10/2015 - Appeals Attorney's Fees FDCPA Fees Foreclosure Mortgage Lenders Mortgages Putative Class Actions

California Federal Court Rules ‘No Surcharge’ Law Unconstitutional

A federal district court in California has ruled that a state law prohibiting retailers from imposing a surcharge on credit card purchases placed an unconstitutional restriction on the retailers’ freedom of speech and is...more

4/7/2015 - Commercial Speech Credit Card Surcharges Credit Cards First Amendment Retailers

Plaintiff Must Show Defendant’s Knowledge of TCPA Violation To Get Treble Damages, 11th Circuit Rules

The U.S. Court of Appeals for the 11th Circuit has ruled that a plaintiff must show that the defendant knew its conduct violated the Telephone Consumer Protection Act (TCPA) to establish a willful or knowing TCPA violation....more

4/7/2015 - Appeals Popular TCPA Treble Damages Willful Violations

‘Operation Ruse Control’ Announcement Highlights Importance of Auto Finance Compliance

The Federal Trade Commission—and numerous other federal, state, and local law enforcement agencies in the United States and Canada—recently announced that an enforcement initiative dubbed “Operation Ruse Control” has resulted...more

4/1/2015 - Automotive Industry Automotive Loans Car Dealerships Consumer Financial Products Consumer Lenders Enforcement Actions FTC Strategic Enforcement Plan

Another payday loan study finds affordability and rollover limits do not benefit borrowers

We recently wrote about three studies that cast serious doubt on the benefit to payday loan borrowers of an ability-to-repay requirement, a payment-to-income (PTI) ratio ceiling, and rollover limits, three potential payday...more

3/26/2015 - CFPB Consumer Financial Products Payday Loans

Supreme Court To Decide California Arbitration Issue

On March 23, the U.S. Supreme Court granted certiorari in DirecTV, Inc. v. Imburgia, agreeing to resolve a split between the Ninth Circuit and California state courts on how to interpret the same DirecTV arbitration...more

3/26/2015 - Arbitration Arbitration Agreements Certiorari DirectTV Federal Arbitration Act Preemption SCOTUS

N.J. Eliminates Customer Data Collection Requirements for Gift Card Retailers, Issuers

New Jersey Governor Chris Christie has signed into law an amendment to the state’s unclaimed property law—S.B. 2235—that eliminated its consumer data collection requirements. In doing so, Governor Christie relieved a...more

3/24/2015 - Amended Legislation Chris Christie Data Collection Gift-Cards Retailers

White House Issues Student Aid Bill of Rights

A Presidential Memorandum titled the "Student Aid Bill of Rights," issued last week by President Obama, calls for the creation of a new complaint system for federal student loans. This proposal is likely to result in...more

3/24/2015 - Barack Obama Consumer Complaint System Federal Student Aid Student Loans Students

Sovern v. Kaplinsky

In its study of consumer arbitration dated March 10th, the CFPB concluded that relatively few consumer arbitrations have been filed. In a recent Consumer Law & Policy blog, Professor Jeff Sovern states that he is “skeptical”...more

3/24/2015 - Arbitration CFPB Consumer Complaint System Consumer Financial Products

DOJ Announces Two More ‘Operation Choke Point’ Settlements

With the recent announcement by the U.S. Department of Justice (DOJ) that it had settled separate lawsuits against two small banks charged with facilitating consumer fraud through their relationships with third-party payment...more

3/23/2015 - Bank Fraud Bank Secrecy Act Banks Choke Point Criminal Prosecution DOJ Enforcement Actions Popular

CFPB adopts plan to publicly disclose consumer complaint narratives

The CFPB has adopted its controversial proposal to publicly disclose consumer complaint narratives in its Consumer Complaint Database. Its plans for disclosing the narratives are set forth in a final policy statement....more

3/20/2015 - CFPB Consumer Complaint System Consumer Financial Products

NY Attorney General Enters into Far-Reaching Settlement with Largest Credit Reporting Agencies

New York Attorney General Eric Schneiderman recently announced that his office reached a landmark settlement with the nation’s three leading credit reporting agencies (CRAs) that will require them to significantly reform,...more

3/20/2015 - Credit Reporting Agencies Credit Reports Equifax Experian Settlement TransUnion

CFPB’s Claims under CFPA Survive Legal Challenges, but TILA Claim Is Time-Barred

In a civil action brought by the Consumer Financial Protection Bureau involving student loans, an Indiana federal court recently granted in part and denied in part a motion to dismiss by ITT Educational Services, Inc. The...more

3/20/2015 - CFPB First Impression For Profit Education Itt Educational Services Statute of Limitations Student Loans TILA

U.S. Supreme Court Notice, Comment Not Required for Federal Agencies Interpreting Regulations

The U.S. Supreme Court decided in Perez v. Mortgage Bankers Association that federal agencies are not required to use the Administrative Procedure Act's (APA) notice and comment procedures when issuing or making changes to...more

3/17/2015 - Administrative Procedure Act DOL FLSA Mortgage Bankers Association Mortgage Loan Officer Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Wage and Hour

CFPB and FTC reauthorize memorandum of understanding for an additional three years

Taking its inspiration from Elvis Costello’s song lyrics, “peace, love and understanding” is how the FTC describes its “cooperative relationship” with the CFPB in a blog post about the reauthorization of the Memorandum of...more

3/16/2015 - CFPB Data-Sharing Enforcement FTC

FTC Issues 2014 Complaints Report

The Federal Trade Commission received more than 2.5 million consumer complaints in 2014, according to its newly released Consumer Sentinel Network Data Book. The annual report provides national and state-by-state data on...more

3/13/2015 - Annual Reports CFPB Consumer Complaint System FTC

CFPB Releases Final Arbitration Study Results

The Consumer Financial Protection Bureau has released final results of its study of consumer arbitration as mandated by Section 1028 of the Dodd-Frank Act. Section 1028 provides that the CFPB, “by regulation, may prohibit or...more

3/10/2015 - Arbitration CFPB Consumer Financial Products Dodd-Frank

N.Y. DFS Provides Insight on Key Provisions of Its Debt Collection Regulations

At a recent DBA International Symposium on New York State’s debt collection rules and regulations, New York Department of Financial Services (DFS) Executive Deputy Superintendent Joy Feigenbaum clarified certain provisions in...more

3/10/2015 - Debt Collection FDCPA New Regulations NYDFS

President Obama Proposes Consumer Privacy Bill of Rights

President Obama has finally revealed the text of draft legislation that would establish “baseline protections” for consumers under a proposed Consumer Privacy Bill of Rights. The bill would impose new legal requirements on...more

3/9/2015 - Barack Obama Consumer Privacy Bill of Rights Discussion Draft Proposed Legislation

U.S. Supreme Court to Decide Whether ECOA Applies to Loan Guarantors

The U.S. Supreme Court has agreed to review whether the Equal Credit Opportunity Act (ECOA) applies to loan guarantors. The case will be argued in the Supreme Court’s term that begins in October 2015....more

3/5/2015 - ECOA Guarantors Hawkins v Community Bank of Raymore Regulation B SCOTUS

NY Attorney General, FTC Bring Joint Enforcement Actions against Debt Collectors

The New York Attorney General and Federal Trade Commission recently announced they had filed two joint federal court lawsuits against debt collectors in the Western District of New York. The Attorney General and FTC are...more

3/3/2015 - Attorney Generals Debt Collection Debt Collectors Enforcement Actions FDCPA FTC Injunctive Relief

Another study raises questions about possible CFPB payday loan limits

We recently wrote about two studies, one by Professor Ronald Mann and the other by Professor Jennifer Lewis Priestley, that cast serious doubt on the benefit to payday loan borrowers of an ability-to-repay requirement and...more

2/26/2015 - Ability-to-Repay CFPB Market Research Payday Loans

New York Federal Court Denounces Debtor’s Attempt To Induce FDCPA Violation

A New York federal district court recently issued a strong denunciation of the practice of debtors attempting to induce debt collectors into committing violations of the Fair Debt Collection Practices Act (FDCPA). Finding...more

2/26/2015 - Audio Recording Debt Collection FDCPA Federal Rules of Civil Procedure

CFPB to hold field hearing on arbitration

The CFPB has announced that on Tuesday, March 10, 2015, it will hold a field hearing in Newark, N.J. on arbitration. The hearing will feature remarks from Director Cordray, as well as testimony from consumer groups, industry...more

2/24/2015 - CFPB

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