Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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Alan Kaplinsky to represent industry at May 5 CFPB arbitration field hearing

Alan Kaplinsky, who leads Ballard Spahr’s Consumer Financial Services Group, has been asked by the CFPB to testify as an industry representative at the CFPB’s May 5 field hearing on arbitration. We expect the hearing to...more

5/3/2016 - Arbitration CFPB Class Action Class Action Arbitration Waivers Consumer Financial Products Financial Services Industry Service Contracts

CFPB issues 2015 fair lending report

The CFPB has issued a report covering its fair lending activities during 2015.  The report states that in 2015, CFPB fair lending supervisory and public enforcement actions required institutions to provide approximately $108...more

5/3/2016 - Banking Sector CFPB Discrimination DOJ ECOA Fair Lending Financial Institutions HMDA HUD Memorandum of Understanding Mortgage Lenders Mortgages Reporting Requirements

Ninth Circuit Rejects Director Cordray's Recess Appointment as Defense to CFPB Enforcement Action; Dissenting Judge Disagrees

Since it was filed in a California federal court in July 2012, we have been following Consumer Financial Protection Bureau (CFPB) v. Chance Edward Gordon, a case in which the CFPB alleged that an attorney duped consumers by...more

5/2/2016 - Article III Barack Obama Canning v NLRB CFPA CFPB Corporate Counsel Dodd-Frank Enforcement Actions Federal Jurisdiction Recess Appointments Regulation O Richard Cordray Standing

Industry trade groups’ renewed challenge to HUD disparate impact rule could yield helpful precedent for ECOA cases

The D.C. district court recently granted two industry trade associations whose members sell homeowners insurance leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule...more

4/29/2016 - Affordable Housing Discrimination Disparate Impact Disparate Treatment ECOA Fair Housing Act (FHA) HUD SCOTUS Texas Dept of Housing v Inclusive Communities

CFPB unveils changes to website

The CFPB’s website has a new look.  Last week, the CFPB unveiled a set of updates to the website.  According to the CFPB, the new features “will help users quickly and easily browse the vast range of information, tools, and...more

4/28/2016 - CFPB Financial Sector Websites

CFPB April 2016 complaint report highlights mortgage complaints, complaints from California consumers

The CFPB has issued its April 2016 complaint report which highlights complaints about mortgages and complaints from consumers in California.  The CFPB began taking complaints about mortgages in December 2011....more

4/28/2016 - CFPB Consumer Complaint System Debt Collection Financial Services Industry Mortgage Servicers Mortgages Popular

CFPB finalizes December 2011 interim final rules

The CFPB has issued a final rule that adopts as final, the interim final rules issued  by the CFPB in December 2011 in connection with the Dodd-Frank Act’s general transfer of rulemaking authority to the CFPB for the consumer...more

4/28/2016 - CFPB Dodd-Frank Final Rules Interim Guidance Rulemaking Process

CFPB announces consent orders with debt collection law firm, two law firm partners, debt buyer

The CFPB announced that it has entered into two consent orders involving debt collection litigation practices. A debt collection law firm and two of its partners are the subject of one consent order and a debt buyer is the...more

4/26/2016 - CFPB Civil Monetary Penalty Consent Order Debt Buyers Debt Collection Discovery FDCPA Law Firm Partners Unfair or Deceptive Trade Practices

Ninth Circuit rejects Director Cordray’s recess appointment as defense to CFPB enforcement action; dissenting judge disagrees

Since it was filed in a California federal court in July 2012, we have been following CFPB v. Chance Edward Gordon, a case in which the CFPB alleged that an attorney duped consumers by falsely promising loan modifications in...more

4/20/2016 - Canning v NLRB CFPA CFPB Dodd-Frank Fees Loan Modifications Mortgages Recess Appointments Regulation O Richard Cordray

CFPB hires Assistant Director for Office of Small Business Lending Markets; announces other senior leadership additions

Earlier this week, the CFPB announced the addition of several new members to its senior leadership team. The announcement included the news that the CFPB has filled the position of Assistant Director for the Office of...more

4/14/2016 - Administrative Appointments Banking Sector CFPB Data Collection Dodd-Frank ECOA Financial Institutions Lending Minority-Owned Businesses Small Business Women-Owned Businesses

Constitutionality of CFPB structure at issue in D.C. Circuit oral argument

The constitutionality of the CFPB’s structure was front and center at this past Tuesday’s oral argument in PHH Corporation et al. v. CFPB before the U.S. Court of Appeals for the D.C. Circuit. The case involves PHH’s appeal...more

4/14/2016 - ALJ Appeals Banking Sector CFPB Enforcement Actions Mortgages Popular Referral Fees RESPA Section 8 Separation of Powers

Republican Congressmen seek CFPB forum on impact of payday lending rule on state and tribal sovereignty

Two Republican members of the House Financial Services Committee, Randy Neugebauer and Mick Mulvaney, have sent a letter to Director Cordray asking him to convene a forum or roundtable of state and tribal officials before the...more

4/12/2016 - CFPB Consumer Lenders Internet Lenders Native American Issues Payday Loans Richard Cordray Sovereign Immunity Tribal Loans

Director Cordray defends CFPB positions in appearance before Senate Banking Committee; comments on small business lending and...

Much of Director Cordray’s testimony in his appearance before the Senate Banking Committee yesterday consisted of his predictable defense of various CFPB positions. While the hearing was much less contentious than last...more

4/8/2016 - Automotive Loans Banking Sector CFPB Disparate Impact Dodd-Frank ECOA Enforcement Actions Finance Lease Contract Lending No-Action Letters Richard Cordray Senate Banking Committee Small Business

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

CFPB Community Bank Advisory Council to meet on April 21

The CFPB will hold a meeting of its Community Bank Advisory Council on April 21, 2016 in Washington, D.C. According to the CFPB’s notice published in today’s Federal Register, there will be a discussion of the CFPB’s...more

4/6/2016 - CFPB Community Banks Elder Abuse Elder Issues Financial Sector

CFPB issues guidance on resumption of quarterly credit card agreement submissions

The CFPB has issued guidance to credit card issuers regarding the resumption of the requirement to submit card agreements to the CFPB on a quarterly basis. The next submission is due on or before May 2, 2016. In April 2015,...more

4/6/2016 - CFPB Credit Card Agreements Credit Cards Regulation Z Truth in Lending Act (TILA)

CFPB releases 2015 complaint report

The CFPB’s Consumer Response Annual Report analyzing complaints handled in 2015 indicates that volume rose 8% from 250,700 complaints in 2014 to 271,600 in 2015. The report provides data on the most common types of complaints...more

4/6/2016 - Annual Reports CFPB Consumer Complaint System Consumer Financial Products Debt Collection Mortgages Popular

Director Cordray to appear before Senate Banking Committee on April 7

Director Cordray is scheduled to appear before the Senate Banking Committee on April 7, 2016 for a hearing entitled “The Consumer Financial Protection Bureau’s Semi-Annual Report to Congress.” (The CFPB’s most recent...more

4/5/2016 - Automotive Loans CFPB Consumer Lenders Discriminatory Lending Practices Payday Loans Senate Banking Committee

Democratic Senators expected to introduce bill requiring CFPB registration of lenders making small-dollar loans

A group of Democratic Senators led by Oregon Senator Jeff Merkley is expected to introduce the “Stopping Abuse and Fraud in Electronic Lending Act of 2016” or “SAFE Lending Act of 2016.” The bill represents the latest version...more

4/5/2016 - CFPB Consumer Lenders Dodd-Frank Financial Sector Online Marketplace Lending Overdraft Fees Prepaid Payment Products Proposed Legislation Truth in Lending Act (TILA)

CFPB March 2016 complaint report highlights debt collection complaints, complaints from Florida consumers

The CFPB has issued its March 2016 complaint report which highlights complaints about debt collection and complaints from Florida consumers. The CFPB began taking complaints about debt collection in July 2013. General...more

3/31/2016 - CFPB Consumer Complaint System Consumer Lenders Debt Collection Financial Sector Florida Payday Loans

CFPB settles with another student loan debt relief company

The CFPB announced it has entered into a consent order with Student Aid Institute, Inc., a student debt relief company, and its chief executive officer. The order settles charges that the company and CEO violated the...more

3/31/2016 - CFPA CFPB Civil Monetary Penalty Debt Relief Department of Education Student Loans Telemarketing Sales Rule Unfair or Deceptive Trade Practices

Solicitor General to participate in SCOTUS oral argument in FDCPA case

On March 29, 2016, the U.S. Supreme Court will hear oral argument in a Fair Debt Collection Practices Act case in which the CFPB joined the Solicitor General in filing an amicus brief in support of the plaintiffs. The court...more

3/29/2016 - Amicus Briefs CFPB Debt Collection Debt Collectors FDCPA Petition for Writ of Certiorari SCOTUS Solicitor General Summary Judgment

Further delay of final prepaid card rule reported

Politico has reported that the CFPB is not expected to issue a final prepaid card rule until this May or June “according to two sources familiar with the talks.” In November 2014, the CFPB issued a proposed rule for prepaid...more

3/29/2016 - CFPB Consumer Financial Products Credit Cards Final Rules Financial Sector Prepaid Payment Products

CFPB to participate in Financial Data Summit

The CFPB is among the federal agencies participating in a Financial Data Summit hosted by the Data Coalition to be held on March 29, 2016 in Washington, D.C. Linda Powell, the CFPB’s Chief Data Officer, will be on a panel...more

3/29/2016 - CFPB Data Management Financial Reporting Financial Sector Legal Entity Identifiers Regulatory Agenda Reporting Requirements Transparency XBRL Filing Requirements

CFPB issues 2016 FDCPA report

The CFPB has issued its fifth annual Fair Debt Collection Practices Act report covering the CFPB’s activities in 2015. In the background section of the report, the CFPB provides various statistics about the debt collection...more

3/25/2016 - Annual Reports CFPB Consumer Complaint System Debt Collection FDCPA FTC

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