Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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House to hold hearing on economic consequences of actions taken by CFPB and other federal regulators

This Tuesday, April 8, the House Financial Services Committee will hold a hearing entitled “Who’s in Your Wallet: Examining How Washington Red Tape Impairs Economic Freedom.” ...more

4/7/2014 - CFPB FDIC NCUA OCC

CFPB official confirms larger participant rule for auto finance coming soon

Today is the final day of CBA Live 2014, which is being held at the Gaylord Hotel in National Harbor, MD. I spoke at a program yesterday about the CFPB’s ongoing arbitration study under Section 1028 of Dodd-Frank. Based on...more

4/3/2014 - Automotive Industry Automotive Loans CFPB Dodd-Frank

New York Announces Settlements with Six Auto Dealers

Last week, New York Attorney General Eric Schneiderman announced settlements with six auto dealers imposing fines ranging from $7,500 to $15,000 for allegedly engaging in deceptive and misleading advertising practices. The...more

4/1/2014 - Car Dealerships CFPB False Advertising Unfair or Deceptive Trade Practices

Illinois AG files lawsuit asserting Dodd-Frank UDAAP enforcement authority

In what appears to be the first lawsuit by a state attorney general of its kind, the Illinois AG recently filed a state court lawsuit against a small loan lender alleging violations of the Dodd-Frank prohibition of unfair,...more

3/27/2014 - CFPB Dodd-Frank Enforcement UDAAP

Trade group criticizes CFPB reliance on enforcement and informal guidance

The U.S. Chamber of Commerce’s Center for Capital Markets Competitiveness has sent a detailed letter to Director Cordray in which it criticizes the CFPB’s approach of “regulation by enforcement settlement combined with...more

2/18/2014 - CFPB Enforcement Fraud and Abuse

CA federal court rejects challenge to CFPB’s constitutionality

The California federal district court hearing the CFPB’s enforcement action against Morgan Drexen has rejected Morgan Drexen’s challenge to the CFPB’s constitutionality. Although similar challenges have been made in other...more

1/15/2014 - CFPB Compliance Dodd-Frank Enforcement Enforcement Actions Telemarketing Sales Rule

OIG issues report criticizing CFPB’s practice of bringing enforcement attorneys to exams

Effective this past November 1, the CFPB ended its controversial practice of having enforcement attorneys regularly participate in examinations of supervised entities. Since first learning of the CFPB’s practice, we had...more

12/24/2013 - CFPB Compliance Enforcement Actions OIG

Preliminary arbitration study results: is the Bureau keeping an open mind?

Following up on our earlier post, we have now had a chance to review the CFPB’s 168-page report containing some preliminary results of its consumer arbitration study. While we are encouraged that the Bureau recognizes the...more

12/16/2013 - Arbitration CFPB Class Action

CFPB Issues Aggressive Rulemaking Agenda

The Consumer Financial Protection Bureau’s recently released fall 2013 rulemaking agenda portends aggressive rulemaking by the Bureau in 2014. With most of the rulemaking mandated by the Dodd-Frank Act now completed,...more

12/6/2013 - CFPB Compliance Dodd-Frank Enforcement Mortgages

CFPB Finalizes Rule To Supervise Student Loan Servicers

The Consumer Financial Protection Bureau has issued a final rule allowing it to supervise nonbank servicers of private and federal student loans who qualify as “larger participants” in the student loan servicing market. The...more

12/4/2013 - CFPB Loan Servicing Nonbank Firms Student Loans Students

FTC Emphasizes 'Aggressive Enforcement' and 'Vigorous Education' on Military Consumer Protection Issues

Charles A. Harwood, Deputy Director of the Bureau of Consumer Protection of the Federal Trade Commission, testified before a U.S. Senate committee last week about military consumer protection issues. Deputy Director Harwood's...more

11/27/2013 - CFPB Consumer Complaint System FTC Military Service Members Predatory Lending Unfair or Deceptive Trade Practices

House member questions CFPB auto fair lending guidance cost impact

The CFPB’s auto fair lending guidance continues to draw criticism from members of Congress, most recently from Congressman Blaine Luetkemeyer, a member of the House Financial Service Committee. In a November 15 letter...more

11/21/2013 - Automotive Industry CFPB Fair Lending

CFPB files amicus brief in NY tribal payday lending case; update on CIDs issued to tribal lenders

The CFPB has filed an amicus brief in the U.S. Court of Appeals for the Second Circuit in The Otoe-Missouria Tribe of Indians et al. v. New York Department of Financial Services et al., a case stemming from New York’s...more

11/19/2013 - CFPB Investigations Lending Payday Loans Tribal Loans

CFPB debt collection ANPR demands industry attention

The Advance Notice of Proposed Rulemaking (ANPR) on debt collection issued by the CFPB earlier this week solicits comments on an array of issues relating to the debt collection practices of third-party debt collectors and...more

11/8/2013 - CFPB Creditors Debt Collection Dodd-Frank FDCPA

CFPB now taking payday loan complaints

The CFPB has announced that its consumer complaint system is now accepting complaints about payday loans. In describing the issue involved in a complaint, a consumer can choose from the following...more

11/7/2013 - CFPB Consumer Complaint System Payday Loans

CFPB launches debt collection rulemaking process

Just after midnight last night, the CFPB took a significant step towards the issuance of debt collection regulations by releasing an Advance Notice of Proposed Rulemaking (ANPR). The ANPR seeks comment on an array of issues...more

11/6/2013 - CFPB Debt Collection Debt Collectors

CFPB responds to letter from Senators raising concerns about auto fair lending guidance

The CFPB has responded to the October 30 letter it received from a bipartisan group of 22 U.S. Senators raising concerns about the fair lending auto finance bulletin issued by the CFPB this past March. The Senators’ letter...more

11/5/2013 - Automotive Loans CFPB Fair Lending Federal Reserve FTC Richard Cordray

Tentative settlement reportedly reached in Mount Holly

It is looking like our prediction that Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. would settle before the U.S. Supreme Court heard oral argument was accurate. Late yesterday, the Wall Street Journal...more

11/1/2013 - CFPB Disparate Impact ECOA FHA HUD Mount Holly v Mt. Holly Citizens in Action SCOTUS Settlement

Senators raise concerns about CFPB auto fair lending guidance

A bipartisan group of 22 U.S. Senators –11 Republicans and 11 Democrats–sent a letter to the CFPB yesterday raising concerns about the fair lending auto finance bulletin issued by the CFPB this past March. In particular, the...more

11/1/2013 - Automotive Loans CFPB Fair Lending Loans

California Courts Rule for and against Arbitration

Two recent Ninth Circuit opinions and a California Supreme Court ruling demonstrate that the debate over the enforceability of consumer arbitration provisions is far from over. With the U.S. Supreme Court weighing whether to...more

10/31/2013 - American Express v Italian Colors Restaurant Arbitration AT&T Mobility v Concepcion CFPB Federal Arbitration Act SCOTUS

Consumer groups urge more scrutiny of banks and other payment processors and ban on remotely created checks

Thirty groups have written to the CFPB, FTC, Department of Justice and federal banking regulators urging them “to closely monitor the payment processing procedures and compliance safeguards in place” at the payment processors...more

10/30/2013 - Banks CFPB DOJ Enforcement FTC Payment Processors

CFPB plans to continue targeting of individuals in enforcement actions

In a speech last week to the Reuters Washington Summit, Director Cordray is reported to have indicated that the CFPB is committed to pursuing individuals, and not just companies, when exercising its enforcement authority. Mr....more

10/29/2013 - CFPB Compliance Enforcement Actions Liability Richard Cordray

Federal Regulators Issue Statement on Qualified Mortgage Fair Lending Risks

Federal regulators have issued an interagency statement intended to address industry concerns regarding the fair lending risks associated with compliance with the Consumer Financial Protection Bureau’s...more

10/25/2013 - Ability-to-Repay CFPB Fair Lending FDIC Mortgages NCUA Qualified Mortgage Rule

House to hold hearing on proposals to reform CFPB

A subcommittee of the House Financial Services Committee is scheduled to hold a hearing entitled “Examining Legislative Proposals to Reform the Consumer Financial Protection Bureau” on Thursday, October 24, 2013. The hearing...more

10/21/2013 - CFPB Financial Regulatory Reform

CFPB brings enforcement action against debt settlement payment processor

In the latest chapter of its “comprehensive effort to prevent consumer harm in the debt-settlement industry,” the CFPB has announced the settlement of an enforcement action brought against “a leading debt-settlement payment...more

10/4/2013 - CFPB Civil Monetary Penalty Debt Settlement Services Enforcement Actions Payment Processors Telemarketing Sales Rule

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