Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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Contractor's Use of AG Letterhead Not a Violation of FDCPA, Supreme Court Holds

The U.S. Supreme Court has unanimously held that an independent contractor to the Ohio Attorney General did not mislead consumers in violation of the Fair Debt Collection Practices Act (FDCPA) when it used the Attorney...more

5/24/2016 - Attorney Generals Class Action FDCPA SCOTUS Sheriff v. Gillie

High Praise for WSJ Editorial, with a Small Caveat

A recent editorial in the Wall Street Journal is a “must read” for those who will be affected if the CFPB’s May 5, 2016 proposed rule banning class action waivers in consumer financial services arbitration agreements becomes...more

5/23/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Dodd-Frank Financial Sector Financial Services Industry Mandatory Arbitration Clauses Service Contracts Wall Street Journal

"Real" Harm Required To Recover Statutory Damages, U.S. Supreme Court Rules

In a long-anticipated and significant decision, the U.S. Supreme Court has ruled 6-2 that a plaintiff alleging a violation of the Fair Credit Reporting Act (FCRA) does not have standing under Article III of the U.S....more

5/18/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing Statutory Damages

CFPB Sues All American Check Cashing

On May 11, 2016, the CFPB sued All American Check Cashing, Mid-State Finance and their President and owner Michael E. Gray. It alleged that the Defendants engaged in abusive, deceptive, and unfair conduct in making certain...more

5/17/2016 - Banking Sector CashCall CFPB Consumer Financial Products Consumer Lenders Payday Loans Unfair or Deceptive Trade Practices

CFPB enforcement lawyer tries to clarify when a state law violation is also a UDAAP

On Thursday, May 11, 2016 in Chicago, I moderated the “CFPB Speaks” panel which was the lead-off panel at the sold-out Practicing Law Institute 21st Annual Consumer Financial Services Institute. The CFPB speakers were: Jeff...more

5/17/2016 - CashCall CFPB Consumer Lenders Interest Rates Internet Lenders Payday Loans UDAAP

Treasury Releases White Paper on Online Marketplace Lending

The U.S. Treasury Department has released a white paper addressing the online marketplace lending industry. Based in part on the responses to Treasury's July 2015 Request for Information (RFI), the white paper offers a broad...more

5/16/2016 - Community Development Entities Consumer Lenders Financial Sector Financial Services Industry Loans Online Marketplace Lending Peer-to-Peer Request For Information Small Business Transparency U.S. Treasury White Paper

New Guidance Issued on FCRA Compliance in Employee Screening

The Federal Trade Commission (FTC) has issued new guidance to help background screening companies comply with the Fair Credit Reporting Act (FCRA) when conducting background checks on current or prospective employees. The new...more

5/16/2016 - Background Checks Corporate Counsel Credit Reports Employer Liability Issues FCRA FTC Hiring & Firing Job Applicants New Guidance Screening Procedures

FCC’s Proposed Regulations Would Gut TCPA Exception for Debts Owed to or Guaranteed by U.S.

The Bipartisan Budget Act of 2015 (Act) amended the Telephone Consumer Protection Act (TCPA) to remove the prior express consent requirement for calls ''made solely to collect a debt owed to or guaranteed by the United...more

5/13/2016 - ATDS Banking Sector Bipartisan Budget Cell Phones Comment Period Debt Collection FCC Federal Loans Mortgages NPRM Prior Express Consent TCPA

FinCEN Finalizes Beneficial Ownership Identification Rules

As part of the U.S. Treasury Department's ongoing efforts to prevent bad actors from using U.S. companies to conceal money laundering, tax evasion, and other illicit financial activities, the Financial Crimes Enforcement...more

5/11/2016 - Bad Actors Bank Holding Company Act Beneficial Owner Covered Financial Institutions Due Diligence Financial Institutions FinCEN IRS Limited Liability Companies LLC Panama Papers Reporting Requirements Tax Evasion

Mobile Financial Services Addressed in FFIEC Examination Handbook

The federal body tasked with creating standards for the uniform regulation of financial institutions has released new information to assist examiners in evaluating mobile services offered by financial institutions and their...more

5/9/2016 - Banking Sector FFIEC Financial Institutions Financial Services Industry Mobile Banking Risk Management Third-Party Service Provider

CFPB Issues Proposed Regulations To Prohibit Class Action Waivers in Consumer Arbitration Agreements

Yesterday, the Consumer Financial Protection Bureau (CFPB) announced at a field hearing in Albuquerque, New Mexico, that it is proposing regulations that would prohibit covered providers of certain consumer financial products...more

5/6/2016 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Consumer Contracts Dodd-Frank Federal Arbitration Act Financial Services Industry Service Contracts

Chamber of Commerce suggests issues for CFPB to address at May 5 arbitration field hearing

The U.S. Chamber of Commerce’s Center for Capital Markets Competitiveness has sent a letter to Director Cordray suggesting a series of issues for Mr. Cordray to address in his prepared remarks at the CFPB’s field hearing on...more

5/3/2016 - American Arbitration Association Arbitration Capital Markets CFPB Class Action Class Action Arbitration Waivers Financial Services Industry Richard Cordray SBREFA Service Contracts

One-Year Period of SCRA Foreclosure Protection Remains in Effect through 2017

On March 31, 2016, President Obama signed into law the Foreclosure Relief and Extension for Servicemembers Act of 2015, which continues through December 2017 a provision of the Servicemembers Civil Relief Act (SCRA) that...more

4/25/2016 - Amended Legislation Barack Obama Foreclosure Military Service Members Mortgages SCRA

Industry Trade Groups Renew Challenge to HUD Disparate Impact Rule

Two industry trade associations whose members sell homeowners insurance have been granted leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule (Rule) adopted by the...more

4/22/2016 - Administrative Procedure Act Affordable Housing Disparate Impact Fair Housing Act (FHA) Homeowner's Insurance Motion to Amend Race Discrimination SCOTUS Texas Dept of Housing v Inclusive Communities

CFPB to hold May 5 field hearing on arbitration

The CFPB has announced that it will hold a field hearing in Albuquerque, New Mexico about arbitration on May 5, 2016.  We expect the field hearing to coincide with the release of the CFPB’s proposed rule on the use of...more

4/21/2016 - Arbitration Banking Sector CFPB Class Action Class Action Arbitration Waivers Dodd-Frank Financial Services Industry SBREFA

Best Practices Issued for Small Business Alternative Finance Industry

The Small Business Finance Association (SBFA) has issued "Small Business Finance Principles" that represent best practices for providers of merchant cash advances (MCA) and other companies in the alternative finance industry...more

4/20/2016 - Best Practices Commercial Loans Financing Professional Responsibility Small Business Transparency

TCPA Exemption for Collection of Federal Debts Applies Retroactively, CA Federal Court Rules

The new Telephone Consumer Protection Act (TCPA) exemption for calls made to cellular numbers to collect debts owed to or guaranteed by the United States applies retroactively to calls made before the exemption's effective...more

4/18/2016 - ATDS Bipartisan Budget Cell Phones Debt Collection Exemptions FCC Federal Loans Federal Student Loans Popular Retroactive Application TCPA

California Releases Marketplace Lending Data

The California Department of Business Oversight (DBO) has issued a summary report of aggregate data provided by the companies that responded to the DBO's online survey sent to 14 marketplace lenders engaged in online consumer...more

4/14/2016 - CFPB Consumer Complaint System Consumer Financial Products Consumer Lenders Department of Business Oversight Financial Sector Online Marketplace Lending Popular Small Business Special Assessments

CFPB representatives confirmed for 21st Annual PLI Consumer Financial Services Institute Chicago session

The CFPB representatives who will be participating in the Chicago session of the 21st Annual Consumer Financial Services Institute, sponsored by the Practicing Law Institute, have now been confirmed. The Chicago session will...more

4/12/2016 - CFPB Consumer Financial Products Financial Services Industry

Third Circuit Follows Gomez on Mootness Issue, But Narrowly

In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more

4/8/2016 - Article III Campbell Ewald v Gomez Class Action Class Representatives Genesis Healthcare Corp. v. Symczyk Mootness Rule 68 SCOTUS Settlement Offer Standing TCPA

Second Circuit Resolves Lower Court Split over Interest and Late Fees in FDCPA Claims

When a consumer's current balance will increase over time due to interest and late fees, a debt collection notice must disclose this information, the U.S. Court of Appeals for the Second Circuit has ruled. In Avila v....more

4/8/2016 - Debt Debt Collection Disclosure Requirements FDCPA Financial Sector Interest Rates Late Fees Safe Harbors

OCC White Paper Promotes Framework for Supporting Responsible Innovation

Following the trend of federal agency interest in fostering (and potentially regulating) innovation in the field of financial technology (FinTech), the Office of the Comptroller of the Currency (OCC) released the white paper...more

4/6/2016 - Banking Sector CFPB Consumer Financial Products Financial Services Industry FinTech Innovation Mobile Banking OCC Risk Management White Paper

FTC Highlights FDCPA Risks for Debt Collectors Using Social Media, Texts

The Federal Trade Commission (FTC) recently published a reminder to debt collectors of the Fair Debt Collection Practices Act (FDCPA) compliance risks that are created by the use of social media or text messages in connection...more

4/1/2016 - Advanced Notice of Proposed Rulemaking (ANPRM) Cell Phones CFPB Corporate Counsel Debt Collection Debt Collectors Facebook FDCPA FTC Popular Risk Management Social Media TCPA Text Messages

Loan Guarantors Are Not ''Applicants'' under ECOA, Equally Divided U.S. Supreme Court Affirms

An equally divided U.S. Supreme Court has affirmed the Eighth Circuit's decision in Hawkins v. Community Bank of Raymore, which upheld a federal district court ruling that the Equal Credit Opportunity Act (ECOA) does not...more

3/28/2016 - Banking Sector ECOA Guarantors Hawkins v Community Bank of Raymore Regulation B SCOTUS Spousal Guaranty

NY DFS Brings First Data Security Action

The New York State Department of Financial Services (DFS) has announced that it has entered into a consent order with an online payday loan lead generator and its chief executive officer (CEO) (collectively, respondents) to...more

3/25/2016 - Consent Order Consumer Financial Products Corporate Counsel Data Security Notification Requirements NYDFS Online Marketplace Lending Payday Loans Personally Identifiable Information Popular Usury

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