Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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NYDFS, American Bankers Association Weigh In On OCC Fintech Charter Proposal

The New York State Department of Financial Services (NYDFS) has come out strongly against an Office of the Comptroller of the Currency (OCC) proposal to grant national bank charters to financial technology (fintech)...more

1/30/2017 - American Bankers Association Anti-Money Laundering Banking Sector Banks Capital Requirements CFPB Community Reinvestment Act Fair Lending FDIC Federal Reserve FinTech Fintech Charter National Bank Act National Bank Charters NYDFS OCC OFAC Regulatory Oversight Technology Terrorism Funding

CFPB representatives to be featured at 22nd Annual PLI Consumer Financial Services Institute

The 22nd Annual Consumer Financial Services Institute, sponsored by the Practising Law Institute, will take place on March 27-28, 2017 in New York City (and by live webcast and groupcast in Atlanta; Philadelphia, Pittsburgh,...more

1/24/2017 - Banking Sector CFPB Class Action Data Privacy Data Security Debt Collection Enforcement Actions Fair Lending FCRA Mortgages Regulatory Oversight TCPA Trump Administration

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 Fair Lending Payday Loans PHH Corp. v CFPB Popular Presidential Nominations Removal For-Cause Richard Cordray Single Director Trump Administration

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 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

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 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

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

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

CFPB issues ECOA baseline review procedures for examiners

The CFPB has issued “ECOA Baseline Review Procedures” to be used by its examiners. (The CFPB has labeled the procedures “guidance” and did not add them to its Supervision and Examination Manual.)...more

7/30/2013 - CFPB Disparate Impact ECOA Fair Lending HMDA

Supreme Court Agrees Again To Decide Critical Disparate Impact Questions under the Fair Housing Act

The question of whether plaintiffs suing under the Fair Housing Act may bring disparate impact claims is back on the U.S. Supreme Court's docket as a result of the Court's decision today to grant certiorari in Mount Holly v....more

6/17/2013 - CFPB Discrimination Disparate Impact ECOA Fair Housing Act (FHA) Fair Lending Redevelopment SCOTUS

OCC Updates Procedures for Internal Appeals of Supervisory Decisions

The Office of the Comptroller of the Currency (OCC) recently updated its guidance on procedures for internal appeals of supervisory decisions at various levels. The subject matter deals solely with internal appeal procedures...more

6/13/2013 - Dodd-Frank Fair Lending FIRREA OCC Ombudsman Supervisors

CFPB Issues Guidance on Indirect Auto Lending ECOA Compliance

The Consumer Financial Protection Bureau has issued guidance on fair lending compliance for indirect auto lenders. The guidance targets the practice of “dealer markups.” This practice involves an auto dealer charging the...more

3/22/2013 - Automotive Industry Car Dealerships CFPB Compliance ECOA Fair Lending Financing

DOJ Settles Another ‘Pattern or Practice’ Fair Lending Case

The U.S. Department of Justice (DOJ) recently settled a fair lending lawsuit against Texas Champion Bank. This means that, once again, a DOJ attempt to use disparate impact evidence to establish that a lender engaged in a...more

2/21/2013 - Consumer Lenders Discrimination Disparate Impact DOJ ECOA Fair Lending National Origin Pattern or Practice Settlement

Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit

The U.S. Department of Justice (DOJ) has reached a settlement with Community Bank of St. Charles, Michigan, in a federal lending discrimination lawsuit filed by DOJ against the bank....more

1/28/2013 - CFPB Discrimination DOJ ECOA Equal Access to Credit Fair Housing Act (FHA) Fair Lending Mortgages Settlement

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