Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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FDIC Highlights Marketplace Lending Risks for Bank Partners

The Federal Deposit Insurance Corporation's (FDIC) publication of an article highlighting the risks for banks that partner with marketplace lenders further underscores the focus of federal regulators on marketplace lending....more

2/10/2016 - Anti-Money Laundering Banks Due Diligence FDIC Financial Services Industry Online Marketplace Lending Popular Risk Management

Ninth Circuit Rejects Attempt to Challenge FCC Order on TCPA

In an unpublished opinion, the U.S. Court of Appeals for the Ninth Circuit recently affirmed summary judgment for the defendant in a Telephone Consumer Protection Act (TCPA) case, refusing to entertain the plaintiff’s...more

2/10/2016 - ATDS FCC Prior Express Consent Putative Class Actions Summary Judgment TCPA Text Messages

From Safe Harbor to Privacy Shield: New EU-U.S. Agreement for Transatlantic Data Flows

The European Commission (EC) and the U.S. Department of Commerce have reached an agreement to create a framework for transfers of personal data from the European Union to the United States. The framework, named the EU-U.S....more

2/10/2016 - Article 29 Working Party (WP29) CJEU Data Protection Authority EU EU-US Privacy Shield FTC International Data Transfers Personal Data Safe Harbors Schrems v Data Protection Commissioner

Democratic Senators introduce bill to limit use of arbitration agreements

Democratic Senators Patrick Leahy and several other Democratic Senators have cosponsored a bill that would place new limits on the use of arbitration agreements. According to Senator Leahy’s press release, the “Restoring...more

2/9/2016 - Arbitration Agreements CFPB Federal Arbitration Act Financial Services Industry Proposed Legislation

Deadline Extended for Requesting Direct Access to Military Loan Act Database

The Department of Defense has extended the deadline for requesting direct access to its Military Loan Act (MLA) Defense Manpower Data Center (DMDC) database until February 15, 2016. Under amendments to the MLA's implementing...more

2/5/2016 - CFPB Consumer Lenders Databases Deadlines Department of Defense (DOD) Military Lending Act Military Service Members Safe Harbors

DOJ Settles Action Alleging Bank Discriminated Against Disability Income Recipients

The U.S. Department of Justice recently entered into a consent order with Evolve Bank & Trust to settle charges that the bank discriminated against mortgage loan applicants on the basis of disability and receipt of public...more

2/3/2016 - Banking Sector Consent Order Disability Discrimination DOJ ECOA Fair Housing Act (FHA) Mortgage Lenders Qualified Settlement Funds

University Faces Action for Alleged Deceptive Advertising of Graduates' Employment, Earning Prospects

The Federal Trade Commission (FTC) has filed a complaint in a California federal district court against the operators of DeVry University in which it alleges that DeVry violated the FTC Act by misrepresenting the employment...more

1/29/2016 - Department of Education False Advertising Federal Student Aid FTC FTC Act Higher Education Act Hiring Statistics Misrepresentation Title IV Universities

Unaccepted Rule 68 Offer Does Not Moot Plaintiff's Claims, SCOTUS Rules

The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more

1/28/2016 - Campbell Ewald v Gomez Class Action Class Representatives Mootness Rule 68 SCOTUS Settlement Offer TCPA

PA Federal Court Ruling Illustrates Need for Lenders to Properly Structure Bank Partnerships

A recent federal court decision refusing to dismiss Pennsylvania racketeering claims against companies alleged to have partnered with a state bank to market Internet loans illustrates the risks inherent in these relationships...more

1/28/2016 - Banking Sector Online Marketplace Lending Preemption Racketeering

Use of Big Data May Violate Federal Consumer Protection Laws, FTC Report Warns

A new Federal Trade Commission (FTC) report, "Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues," warns that certain uses of big data consisting of consumer information may implicate various federal...more

1/27/2016 - Analytics Big Data Discrimination ECOA FCRA FTC Popular

Unaccepted Rule 68 Offer Does Not Moot a Plaintiff's Claims, U.S. Supreme Court Rules

The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more

1/22/2016 - Article III Campbell Ewald v Gomez Mootness Putative Class Actions Rule 68 SCOTUS Settlement Offer Standing TCPA

FTC Announces ''Operation Collection Protection'' Developments

The Federal Trade Commission (FTC) has announced new developments in ''Operation Collection Protection,'' its new coordinated federal-state enforcement initiative targeting unlawful debt collection practices. The U.S....more

1/16/2016 - Attorney Generals CFPB Debt Collection DOJ Enforcement Actions FDCPA FTC FTCA

FTC Proposes Survey of Consumer Experience in Financing Auto Purchases through Dealers

The Federal Trade Commission has announced plans to conduct a survey of consumers regarding their experiences in buying and financing automobiles at dealerships. According to the supplementary information in the notice...more

1/6/2016 - Automotive Loans Car Dealerships CFPB ECOA FTC Surveys Truth in Lending Act (TILA)

FTC Provides Guidance to Businesses Engaged in Native Advertising

The Federal Trade Commission (FTC) recently issued an enforcement policy statement on deceptively formatted advertisements, which explains how it applies established consumer protection principles to different advertising...more

1/5/2016 - Disclosure False Advertising FTC Internet Marketing Native Advertising New Guidance Unfair or Deceptive Trade Practices

Maryland Licensing Threat to Bank Partner Model to be Reviewed by Court of Appeals

The Maryland Court of Appeals, the state’s highest appellate court, last week agreed to review an October 2015 Maryland Court of Special Appeals (MCSA) decision that illustrated how the bank partner structure used by many...more

12/23/2015 - Appeals Banking Sector CashCall Debt Collection Online Marketplace Lending

California Launches Marketplace Lending, Merchant Cash Advance Inquiry

The recent announcement by the California Department of Business Oversight (DBO) that it has launched an inquiry into the marketplace lending industry represents an important development that could presage increased industry...more

12/22/2015 - Consumer Lenders Department of Business Oversight Online Marketplace Lending Regulatory Agenda Small Business

NYDFS AML Proposal Would Require Certification of Compliance

The New York Department of Financial Services (DFS) has proposed new regulations setting forth minimum standards for anti-money laundering (AML) transaction monitoring and filtering systems. The regulations, proposed December...more

12/18/2015 - Anti-Money Laundering Banking Sector Money Transmitter New Regulations NYDFS Transaction Monitoring

U.S. Supreme Court Again Reverses California State Court on Arbitration

Resolving a split between the California Court of Appeal and the Ninth Circuit concerning the enforceability of the same DirectTV arbitration agreement, the U.S. Supreme Court ruled that the California Court of Appeal’s...more

12/18/2015 - Arbitration Agreements Class Action Arbitration Waivers DirectTV Federal Arbitration Act Preemption SCOTUS

Tribally Affiliated Payday Lenders Can Use Tribal Sovereign Immunity as Defense to State Administrative Proceedings, Class Actions

Two recent decisions provide support for the use of tribal sovereign immunity by tribally affiliated payday lenders as a defense to both state administrative proceedings and private class actions. In Everette v. Joshua...more

12/18/2015 - Administrative Proceedings Class Action Payday Loans Sovereign Immunity Tribal Loans

President Signs Bill Creating Exception to GLBA Annual Notice Requirement

An amendment creating an exception to the annual privacy notice delivery requirement for financial institutions has been signed into law by President Obama as part of the “Fixing America’s Surface Transportation Act” (FAST...more

12/9/2015 - Financial Institutions Fixing America’s Surface Transportation Act (FAST Act) Gramm-Leach-Blilely Act Privacy Notice Rule Regulatory Oversight

DOJ Settles Fair Lending Claims Based on Bank’s Mortgage Pricing System

The U.S. Department of Justice (DOJ) has announced a proposed consent order with Sage Bank to settle charges that the bank violated the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA) by discriminating on...more

12/7/2015 - Consent Order DOJ ECOA Fair Housing Act (FHA) Mortgage Lenders Race Discrimination

Ballard Spahr Represents Credit Unions in Amicus Brief Challenging FCC TCPA Order

In the case of ACA International v. Federal Communications Commission and United States of America, Ballard Spahr LLP represented the Credit Union National Association (CUNA) in filing a joint amici brief with the American...more

12/4/2015 - Amicus Briefs Credit Unions FCC Motion to Vacate TCPA

Eighth Circuit Dismisses FDCPA Claims Based on Affiant’s Alleged False Attestation of Personal Knowledge

The U.S. Court of Appeals for the Eighth Circuit recently ruled that a plaintiff’s allegation that an affiant had falsely attested to having personal knowledge of the facts alleged in a debt collection complaint was...more

12/2/2015 - Debt Collection False Statements FDCPA Putative Class Actions

Company Prevails in Challenge to FTC Data Security Complaint

A recent decision by the Federal Trade Commission (FTC) Chief Administrative Law Judge (ALJ) dismissed the FTC’s complaint against LabMD, Inc. (LabMD) asserting the company’s alleged failure to protect consumer data in two...more

12/1/2015 - ALJ Data Protection FTC LabMD Personally Identifiable Information Popular

NY DFS Proposes New Cybersecurity Regulations for Financial Institutions

The New York Department of Financial Services (NYDFS) has distributed a letter to various federal and state regulatory agencies and associations proposing the development of new cybersecurity regulations for financial...more

11/24/2015 - Cybersecurity Framework FFIEC Financial Institutions NYDFS Regulatory Oversight

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