Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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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

CFPB Issues First Enforcement Action for Servicing Rules Violations

The Consumer Financial Protection Bureau recently announced a consent order with Flagstar Bank, F.S.B., alleging unfair acts and practices under the Consumer Financial Protection Act (CFPA) and violations of the CFPB's...more

10/3/2014 - Banks CFPB Civil Monetary Penalty Consent Order Enforcement Actions Loan Modifications Mortgage Loan Servicing Standards UDAAP Unfair or Deceptive Trade Practices

CFPB Releases Report on Fair Credit Exams and White Paper on Proxy Methodology

Along with its proposed larger participant rule for the auto financing market, the Consumer Financial Protection Bureau issued a special edition of Supervisory Highlights (the "report") describing its fair credit supervisory...more

9/24/2014 - Automotive Industry Automotive Loans Car Dealerships CFPB Debt Buyers Larger Participant

CFPB Proposes Rule To Supervise Nonbank Auto Finance Companies

The Consumer Financial Protection Bureau has issued a proposal to supervise nonbank companies that qualify as “larger participants of a market for automobile financing.” Comments on the proposal will be due 60 days after the...more

9/19/2014 - Automotive Industry Automotive Loans Banks CFPB Nonbank Firms

CFPB may provide details on auto finance disparate impact methodology at tomorrow’s field hearing

Since the CFPB issued its guidance on indirect auto finance in March 2013, lawmakers and industry have been asking the CFPB to provide details concerning its methodology and proxies for analyzing potential fair lending...more

9/18/2014 - Automotive Loans CFPB Disparate Impact

New Larger Participant Rule Enhances Supervision of Remittance Transfer Rule Requirements

The Consumer Financial Protection Bureau recently finalized a larger participant rule for nonbank international money transfer providers and left it largely unchanged from the rule as originally proposed in January. The new...more

9/17/2014 - CFPB Dodd-Frank EFTA Money Transfer Nonbank Firms Regulation E

Disparate impact cases against HUD: Illinois federal court issues decision; update on D.C. case

Because of their potential impact on the CFPB’s conclusion that the ECOA and Regulation B encompass disparate impact claims, we have been following two insurance industry lawsuits involving a challenge to HUD’s Federal...more

9/15/2014 - CFPB Disparate Impact ECOA FHA Homeowner's Insurance HUD Insurers Regulation B

Rohit Chopra from CFPB focuses on student loan modifications at ABA Consumer Financial Services Committee program in Chicago

I attended a program this morning entitled “All I Need to Know I Learned from the Government: A Look at the Regulatory and Enforcement Landscape for Student Lending.” Among the panelists was Rohit Chopra. Rohit serves as an...more

9/15/2014 - CFPB Loan Servicer Professional Conferences Student Loans Students

CFPB enforcement head underscores CFPB’s limited use of “abusive ” prong of UDAAP

Tony Alexis, the head of enforcement at the CFPB, spoke today in Chicago at a program sponsored by the Committee on Consumer Financial Services at the American Bar Association Section of Business Law’s Annual Meeting. The...more

9/12/2014 - CFPB Compliance Enforcement Enforcement Actions UDAAP

A uniform code for the debt buying industry?

Among the topics being examined by the CFPB in connection with its expected debt collection rulemaking are the debt collection practices of debt buyers....more

9/5/2014 - CFPB Debt Buyers Debt Collection Rulemaking Process

CFPB issues bulletin on UDAAP risks in marketing credit card promotional APR offers

The CFPB has issued a bulletin warning credit card issuers that offer certain promotional APRs of the risk that they may be engaging in deceptive and/or abusive acts or practices when making solicitations for such offers even...more

9/4/2014 - CFPB Compliance Credit Cards Regulation Z UDAAP

Will the CFPB really complete its arbitration study this year?

We recently learned that earlier this month, the CFPB sent letters to payday lenders demanding copies of certain of their standard loan agreements for use in connection with the CFPB’s arbitration study. The letters are...more

8/29/2014 - Arbitration CFPB Loan Agreements Payday Loans

CFPB settles enforcement action against another debt settlement payment processor

The latest chapter in the CFPB’s “comprehensive effort to address consumer harm and to root out unlawful practices across the debt settlement industry” is a settlement announced yesterday with Global Client Solutions, “a...more

8/27/2014 - CFPA CFPB Consent Order Debt Settlement Services Enforcement Actions Settlement

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

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

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

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

Industry trade groups urge OMB not to approve CFPB arbitration telephone survey

Three prominent industry trade groups are urging the Office of Management and Budget (OMB) not to approve the CFPB’s proposal to conduct a national telephone survey of 1,000 credit card holders as part of its study of the use...more

7/3/2014 - Arbitration CFPB Consumer Financial Products Credit Cards Mandatory Arbitration Clauses OMB Surveys Trade Associations

‘Operation Choke Point’ under Fire

"Operation Choke Point," the coordinated multiagency federal effort to choke off banking services to alleged fraudsters (according to its defenders) or politically unpopular industries (according to its detractors), has come...more

6/13/2014 - ACH Payments Administrative Procedure Act Banks CFPB Choke Point Community Financial Services Association DOJ FDIC Fraud OCC Payday Loans

CFPB to issue revised telephone survey of consumers for arbitration study

The CFPB will be publishing a notice in tomorrow’s Federal Register which states that the CFPB is seeking approval from the Office of Management and Budget of its plans to conduct a national telephone survey of 1,000 credit...more

5/29/2014 - CFPB Credit Cards Financial Products Mandatory Arbitration Clauses OMB Surveys

CFPB highlights unlawful practices by consumer reporting agencies, debt collectors and payday lenders

In its Spring 2014 Supervisory Highlights report issued yesterday, the CFPB highlighted deficiencies and violations it found during examinations of consumer reporting agencies (CRAs), debt collectors and payday lenders. The...more

5/23/2014 - CFPB CRA Debt Collectors Fair Lending FDCPA Final Rules Payday Loans

CFPB Proposes New Rules on Gramm-Leach-Bliley Act Annual Privacy Notices

The Consumer Financial Protection Bureau recently published a proposed rule that would amend Regulation P to allow financial institutions, under certain circumstances, to deliver annual privacy notices to their customers...more

5/19/2014 - Banks CFPB Gramm-Leach-Blilely Act Notice Requirements Proposed Amendments Regulation P Right to Privacy

CFPB arbitration study to be completed this year

We have previously blogged about the ongoing arbitration study which the CFPB is conducting under Section 1028 of Dodd-Frank. Yesterday, Will Wade-Gery (who is managing the study for the CFPB) spoke at the 19th Annual...more

4/30/2014 - Arbitration CFPB Dodd-Frank

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