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Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP


Latest Publications

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No Senate vote on Cordray nomination until after Memorial Day recess

Despite expectations fueled by statements from Senate Majority Leader Harry Reid’s office that he planned to hold a procedural vote on Richard Cordray’s nomination this week, it now appears the Senate will not vote on the...more

5/22/2013

House to hold hearing on CFPB ability to repay/QM rule

The House Financial Services Committee’s Subcommittee on Financial Institutions and Consumer Credit has scheduled a hearing for tomorrow, May 21, on “Qualified Mortgages: Examining the Impact of the Ability to Repay Rule.”...more

5/20/2013 - Ability-to-Repay CFPB Qualified Mortgage Rule

CFPB employees unionize

According to a report from Politico, CFPB employees voted last week to join the National Treasury Employees Union, a federal union that also represents employees at other financial regulators, including the FDIC, OCC and SEC....more

5/20/2013 - CFPB Dodd-Frank Unions

CFPB launches Spanish language website

The CFPB has announced the launch of its Spanish language website. According to the CFPB, in response to research showing that two-thirds of Latinos who are online tend to access the Internet from a mobile device, the website...more

5/17/2013 - CFPB Websites

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

The dark cloud that has been hanging over CFPB Director Richard Cordray’s recess appointment just got darker. In a 2-1 decision in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit...more

5/17/2013 - Canning v NLRB CFPB NLRB Recess Appointments Richard Cordray

FTC confirms continued commitment to vigorous enforcement in letter to CFPB

In its annual letter to the CFPB on its 2012 administrative and enforcement activities related to Regulations B (ECOA), E (Electronic Fund Transfers), Z (TILA) and M (Consumer Leasing), the FTC stressed that it is “committed...more

5/16/2013 - CFPB Consumer Lenders ECOA Electronic Fund Transfer Act Enforcement FTC TILA

Senate appears to be nearing vote on Cordray renomination

Bloomberg has reported that, according to a spokesman for Senate Majority Leader Harry Reid, the Senate will vote next week on whether to advance President Obama’s renomination of Richard Cordray to serve as CFPB Director....more

5/16/2013 - CFPB Nominations Richard Cordray

Trade group charges CFPB’s closing of Consumer Advisory Board meeting to public violates federal law

A letter sent today to the CFPB by an attorney for the Community Financial Services Association of America (CFSA), a national trade organization for payday lenders, asserts that the CFPB violated the Federal Advisory...more

5/16/2013

Second Circuit ILSA decision follows CFPB position

The decision of the U.S. Court of Appeals for the Second Circuit in Berlin v. Renaissance Rental Partners, LLC issued on May 6 represents a win for the CFPB’s amicus program. At the court’s invitation, the CFPB filed a letter...more

5/8/2013 - CFPB Condominiums ILSA

CFPB announces criminal referral relating to alleged debt-relief scam

At a press conference yesterday in New York City, Director Cordray announced that the CFPB had made a criminal referral to the United States Attorney for the Southern District of New York arising out of the CFPB’s...more

5/8/2013 - CFPB Debt Settlement Services Debt-Relief Industry Richard Cordray

CFPB issues more small entity compliance guides for mortgage-related rules

The CFPB has issued several more Small Entity Compliance Guides on its mortgage-related rules. In addition to its guide on the ability-to-repay and qualified mortgage rule, the CFPB has now issued Small Entity Compliance...more

5/7/2013 - Ability-to-Repay CFPB ECOA Higher-Priced Mortgage Loans HOEPA Mortgage Escrow Account Mortgages Qualified Mortgage Rule Small Entity Compliance Guide TILA

Director Cordray urges financial education for young Americans

In remarks given earlier this week at the Investing in Our Future Conference in Washington, D.C., Director Cordray spoke about the need to make financial education a part of the school curriculum for the nation’s children and...more

5/3/2013 - CFPB Financial Education Initiatives Richard Cordray

CFPB issues report on servicemember complaints

The CFPB’s Office of Servicemember Affairs has issued a report on complaints submitted by servicemembers, veterans or their spouses and dependents (“servicemember complaints”) over the period from January 1, 2012 through...more

5/3/2013 - CFPB Mortgages Private Student Loans

CFPB eliminates independent ability-to-pay requirement for credit card applicants 21 or older

The CFPB has amended Regulation Z to remove the requirement that a card issuer must consider the independent ability to pay of an applicant who is 21 or older. The final rule, which will be effective upon publication in the...more

5/2/2013 - CFPB Compliance Credit Cards Final Rules Regulation Z

CFPB issues first preemption determinations

Last week, the CFPB issued final determinations as to whether certain Maine and Tennessee laws relating to unclaimed gift cards are preempted by federal law on gift card expiration dates. The rulings represent the CFPB’s...more

4/29/2013 - CFPB Dodd-Frank Electronic Fund Transfer Act Gift-Cards Preemption Regulation E Unclaimed Gift Cards

CFPB issues tribal consultation policy

The CFPB has issued a “Policy for Consultation with Tribal Governments.” The policy sets forth the principles that will guide such consultation, including the CFPB’s commitment “to regular and meaningful consultation and...more

4/26/2013 - CFPB Tribal Government Programs Tribal Governments Tribal Lands

CFPB announces new office to liaison with industry and staff changes

Earlier this week, the CFPB announced that it has created a new office intended to “enhance collaboration and communication” between the CFPB and bank and nonbank trade associations, financial institutions, and businesses....more

4/26/2013 - CFPB Compliance New Office

Director Cordray’s appearance at Senate Banking Committee hearing yields arbitration news

The only new item of information revealed by Director Cordray during his appearance yesterday before the Senate Banking Committee hearing (in response to a question from Senator Elizabeth Warren) was that he feels “quite...more

4/25/2013 - Arbitration CFPB Compliance Data Protection Senate Banking Committee

CFPB issues report on financial advisers to seniors

The CFPB, through its Office of Financial Protection for Older Americans, has issued a report to Congress and the SEC that makes recommendations for informing older consumers about the legitimacy of certifications of...more

4/23/2013 - CFPB Compliance Dodd-Frank Financial Adviser Request For Information

Director Cordray to appear before Senate Banking Committee on April 23

The Senate Banking Committee has announced that on April 23, 2013, it will conduct a hearing on the CFPB’s third Semi-Annual Report to Congress. CFPB Director Richard Cordray is the only witness scheduled to appear....more

4/18/2013 - CFPB Dodd-Frank Financial Products Senate Banking Committee

House Financial Services Committee to hold hearing on community bank regulatory burdens

On April 16, the House Financial Services Committee’s Subcommittee on Financial Institutions and Consumer Credit will hold a hearing on “Examining Community Bank Regulatory Burdens.” Among the witnesses scheduled to appear is...more

4/16/2013 - Community Banks

CFPB’s Strategic Plan, Budget, and Performance Plan and Report tracks supervision and enforcement emphasis

The CFPB’s FY 2013-FY 2017 Strategic Plan, FY 2013 and FY 2014 Budget, and FY 2013 Annual Performance Plan and Report tracks the Bureau’s focus on supervision and enforcement. (While Director Cordray’s letter accompanying the...more

4/16/2013 - CFPB Enforcement Actions Fair Lending Federal Budget Strategic Enforcement Plan

FDIC to host banker teleconferences on CFPB mortgage rules

The FDIC has scheduled the following three free teleconferences on the CFPB’s new mortgage-related rules for officers and employees of FDIC-supervised institutions... ...more

4/11/2013 - Ability-to-Repay CFPB Escrow Acconts FDIC Mortgage Loan Originators Mortgage Servicing Rules Qualified Mortgage Rule

How secure is the CFPB’s consumer complaint system?

An audit of the CFPB’s Consumer Response System (CRS) by the Federal Reserve’s Office of Inspector General (OIG) found that improvements are needed to ensure that the requirements of the Federal Information Security...more

4/11/2013 - CFPB Consumer Complaint System Data Protection FISMA OIG

CFPB seeking information on strategies to build financial capabilities for veterans and other special groups

The CFPB is looking for responses by April 12 to two Requests for Information it has filed seeking information on how to build financial capabilities for people with disabilities, veterans in transition, and people who are...more

4/10/2013 - CFPB Disability Financial Planning Request For Information Training Veterans

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