Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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Standard Chartered To Pay $300M To Settle AML Charges in New York

For the second time in two years, Benjamin Lawsky, the Superintendent of the New York State Department of Financial Services (DFS), has settled another matter with Standard Chartered Bank for alleged “anti-money laundering...more

8/25/2014 - Anti-Money Laundering Banks Enforcement Actions Settlement Standard Chartered Bank

Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, Ninth Circuit Holds

In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not...more

8/25/2014 - Arbitration Arbitration Agreements Constructive Notice Corporate Counsel Federal Arbitration Act Terms of Service Terms of Use Websites

Trade groups take aim at NY Times call for CFPB action on subprime auto loans

Two leading industry trade groups have disputed a recent New York Times editorial entitled “When a Car Loan Means Bankruptcy,” which attempted to draw parallels between subprime auto loans and subprime mortgage loans. The...more

8/21/2014 - Automotive Loans CFPB FTC Loans Mortgages Predatory Lending Subprime Mortgages

NY Attorney General Settles Action against Law Firm Collecting on Payday Loans

The New York Attorney General recently announced a settlement with Forster & Garbus, a large debt collection law firm that had filed collection actions against consumers arising out of payday loans. Specifically, Attorney...more

8/21/2014 - Debt Debt Collection Lenders Payday Loans

FDIC Issues Guidance on Basel III Capital Conservation Buffer for Subchapter S Banks

A recent Financial Institution Letter provides guidance on the FDIC’s methodology when entertaining requests from banks or savings associations organized as Subchapter S corporations (S-corporation banks) to pay dividends to...more

8/15/2014 - Banks Basel Committee Basel III Capital Controls FDIC S-Corporation

New York Grand Jury Indicts 12 Online Payday Lenders and 3 Individuals

In a shot across the bow of online payday lenders who allegedly disregard state law where their borrowers reside, a New York County grand jury recently voted a criminal usury and conspiracy indictment against 12 companies...more

8/15/2014 - Conspiracies Grand Juries Lenders Payday Loans Usury

CFPB settles with military base retailer for alleged fee scam; Senators seek CFPB investigation of retailer’s debt collection...

The CFPB has announced a settlement with USA Discounters, a retailer that operates a chain of stores near military bases and offers financing for purchases through retail installment sales contracts (RICs), to resolve charges...more

8/15/2014 - CFPB Debt Debt Collection Fees RICs Scams

Calif. Law Does Not Bar Recording of Cell Phone Calls by Participants, Federal Court Rules

A California federal court recently ruled that the state’s call recording statute does not apply to cell phone call participants. This decision should help companies that record consumer calls for monitoring purposes defeat...more

8/14/2014 - Audio Recording Cell Phones Invasion of Privacy Surveillance

FTC Settles with Two Debt Collectors over Alleged FDCPA and FTC Act Violations

The debt collection industry continues to be a major focus of the Federal Trade Commission’s enforcement efforts, as shown by the agency’s decision to simultaneously announce two settlements last week with Tennessee and New...more

8/13/2014 - Debt Debt Collection FDCPA FTC FTCA Popular

CFPB issues consumer advisory on virtual currencies and begins taking virtual currency complaints

In conjunction with issuing a consumer advisory today on virtual currencies, the CFPB announced that it is now taking complaints about virtual currency products and services. The CFPB’s actions follows the issuance of a...more

8/12/2014 - Bitcoins CFPB Virtual Currency

Sixth Circuit Establishes ‘Baseline’ Information To Verify a Debt

The U.S. Court of Appeals for the Sixth Circuit recently articulated a standard for verifying a debt under the Fair Debt Collection Practices Act (FDCPA) in Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC. The FDCPA...more

8/12/2014 - Appeals Condominiums Debt Collection Debt Collectors FDCPA Liens Popular

TCPA Reform Gains Congressional Support

Industry efforts to persuade the Federal Communications Commission (FCC) to clarify its rules under the Telephone Consumer Protection Act (TCPA) recently received support from a group of 15 members of the U.S. House of...more

8/8/2014 - FCC Robocalling TCPA Telecommunications

Comptroller of the Currency Publishes Guidance on Debt Sales Arrangements and Agreements

The Office of the Comptroller of the Currency’s (OCC’s) new Bulletin 2014-37 on Consumer Debt Sales represents the agency’s latest guidance on this topic since providing a written statement a year ago to the Senate...more

8/7/2014

Lender Violated EFTA Prohibition on Conditioning Loans on Electronic Payments, Calif. Federal Court Rules

A California federal court recently ruled that a lender violated the Electronic Fund Transfer Act (EFTA) prohibition on “condition[ing] the extension of credit” on a borrower’s repayment “by means of preauthorized electronic...more

8/6/2014 - EFTA Electronic Fund Transfer Act FTC Loans

Third Circuit Holds that Courts, Not Arbitrators, Should Rule on Classwide Arbitration

In Opalinski v. Robert Half International, Inc., the United States Court of Appeals for the Third Circuit held that where an arbitration clause is silent as to the availability of classwide arbitration, that issue should...more

8/6/2014 - Appeals Arbitration Arbitration Agreements Arbitrators Class Action Class Action Arbitration Waivers Employer Liability Issues FLSA Jurisdiction Robert Half

Executive Order Requires New Disclosures for Federal Contractors

On Thursday, July 31, 2014, President Obama signed an Executive Order called "Fair Pay and Safe Workplaces," requiring covered federal contractors and subcontractors to publicly report labor violations, to forgo the use of...more

8/6/2014 - ADA ADEA Barack Obama Disclosure Requirements Executive Orders Fair Pay and Safe Workplaces FAR Federal Contractors FLSA FMLA Mandatory Arbitration Clauses OSHA Subcontractors Title VII

FTC Combats ‘Cramming’ in Mobile Apps and Services

In a recently released staff report, the Federal Trade Commission makes several recommendations designed to reduce “mobile cramming.” Cramming occurs when consumers access or enroll in third-party services through a mobile...more

8/4/2014 - Advertising Cell Phones Cramming Enforcement FTC Mobile Apps Mobile Devices Mobile Payments Mobile Services Third-Party Wireless Devices Wireless Industry

FDIC Withdraws List of ‘Risky’ Businesses

In an unexpected move earlier this week, the FDIC issued a Financial Institution Letter (FIL) announcing that it was withdrawing the list of “risky” merchant categories that was included in prior guidance on account...more

8/1/2014 - Choke Point Enforcement FDIC Money Transfer Payday Loans Strategic Enforcement Plan TPPPs

Fourth Circuit Limits Liability under Maryland Finder’s Fee Act

In two recent opinions, the U.S. Court of Appeals for the Fourth Circuit substantially limited the potential scope of liability under the Maryland Finder’s Fee Act. Applying the plain language of the statute, the Fourth...more

7/30/2014 - Brokers Finder's Fees Mortgages

NY Attorney General, FTC Bring Major Action against Debt Collection Operation

The New York Attorney General and Federal Trade Commission (FTC) recently announced a joint debt collection enforcement action that had been filed last month in federal court in Buffalo, New York, against several corporations...more

7/29/2014 - Civil Monetary Penalty Compensatory Damages Debt Collection Enforcement Actions FDCPA FTC Injunctive Relief Section 5

N.Y. Department of Financial Services Issues Revised Proposed Debt Collection Rules

The New York Department of Financial Services (DFS) recently issued revised proposed debt collection regulations, which have important implications concerning charged-off and time-barred debt, for third-party debt collectors...more

7/22/2014 - CFPB Debt Collection Department of Financial Services

CFPB proposes to publicly disclose consumer complaint narratives

The CFPB is proposing to expand the complaint data that it publicly discloses in its Consumer Complaint Database to include consumer complaint narratives. ...more

7/17/2014 - CFPB Public Disclosure

FCC Clarifies TCPA Consent Standard for Collection Calls to Cell Phones

The Federal Communications Commission (FCC) recently clarified its view on when someone has provided “prior express consent” to receive prerecorded or autodialed collection calls to his or her cell phone as required by the...more

7/16/2014 - Cell Phones FCC Prior Express Consent Robocalling TCPA

Federal Bank Regulators Increase Focus on Cybersecurity

As banking regulators increase their focus on cybersecurity, they are taking steps to raise financial institutions’ awareness about the need for preparedness. On June 24, 2014, the Federal Financial Institutions Examination...more

7/14/2014 - Banks Cybersecurity FFIEC

AAA to Require Arbitration Clause Registration as Part of Revamped Consumer Rules

The American Arbitration Association (AAA) announced yesterday that beginning September 1, 2014, it will implement and maintain a publicly available Consumer Clause Registry. This will affect any company that designates the...more

7/11/2014 - American Arbitration Association Mandatory Arbitration Clauses Registration

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