Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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CFPB settles first overdraft opt-in rule enforcement action

The CFPB announced yesterday that it had reached a settlement with Regions Bank regarding claims that the bank unlawfully charged overdraft fees to customers who had not opted-in for overdraft coverage. The matter is the...more

4/30/2015 - Banking Sector CFPB Debit Cards Depository Institutions Enforcement Actions Opt-In Overdraft Fees Regulation E Settlement

CFPB issues 2014 fair lending report

The CFPB has issued a fair lending report covering its fair lending activities during 2014. The report states that in 2014, CFPB fair lending supervisory and public enforcement actions required institutions to provide...more

4/30/2015 - CFPB Consumer Lenders Enforcement Actions Enforcement Statistics Fair Lending

CFPB praises FICO announcement on credit score sharing

The CFPB has praised an announcement by FICO that it will make credit scores available to financially struggling consumers through nonprofit credit and financial counseling organizations as “a step in the right direction”...more

4/25/2015 - CFPB credit Experian

Justice Department’s ECOA report describes joint CFPB activity

The U.S. Department of Justice recently issued the Attorney General’s 2014 Annual Report to Congress Pursuant to the Equal Credit Opportunity Act Amendments of 1976. The report discusses the DOJ’s 2014 ECOA enforcement...more

4/25/2015 - Automotive Loans CFPB Discrimination DOJ ECOA Fair Housing Act SCRA

House passes bill to cut CFPB funding; White House threatens veto

Yesterday, the House of Representatives, by a vote of 235-183, passed H.R. 1195, titled the “Bureau of Consumer Financial Protection Advisory Boards Act.” As originally proposed, the bill would codify the CFPB’s existing...more

4/24/2015 - CFPB New Legislation

CFPB files amicus brief in Fifth Circuit TILA case

The CFPB has filed an amicus brief in Billings v. Propel Financial Services, LLC, a case on appeal to the U.S. Court of Appeals for the Fifth Circuit. The issue in the case is whether a private lender extends“consumer credit”...more

4/23/2015 - Appeals CFPB Class Action Consumer Financial Contracts Consumer Financial Products Consumer Lenders Property Tax Regulation Z Tax Liens TILA

CFPB announces settlement with processors of military allotments

The CFPB has announced a settlement with two companies that processed military allotments and were alleged to have charged fees to servicemembers that the companies failed to adequately disclose. The consent order requires...more

4/21/2015 - CFPB Consent Order Creditors Military Service Members Processing Fees Settlement Unfair or Deceptive Trade Practices

CFPB finalizes temporary suspension of TILA requirement for quarterly submission of credit card agreements

The CFPB has issued a final rule adopting its proposal to suspend for one year the Truth in Lending Act/Regulation Z requirement for issuers of open-end credit cards to send their credit card agreements to the CFPB quarterly...more

4/16/2015 - CFPB Credit Card Agreements Credit Cards Final Rules Public Disclosure Regulation Z TILA

House passes regulatory reform bills

Earlier this week, the House of Representatives, in bi-partisan votes, passed the following regulatory reform bills: The “Eliminate Privacy Notice Confusion Act, H.R. 601, would create an exemption from the Gramm-Leach-Bliley...more

4/16/2015 - CFPB Gramm-Leach-Blilely Act New Legislation Regulatory Reform Rural Development SAFE Act

ABA seeks changes to CFPB complaint portal and database

Last month, the CFPB announced that it was adopting its controversial proposal to publicly disclose consumer complaint narratives in its consumer complaint database, and would give companies, within the company web portal, an...more

4/15/2015 - American Bankers Association CFPB Consumer Complaint System Consumer Financial Products Consumer Lenders Structured Response

House Republicans ask CFPB and banking agencies to disclaim “Operation Choke Point”

Six Republican members of the House Financial Services Committee, including Chairman Jeb Hensarling, have sent identical letters to the CFPB, OCC, Fed and NCUA asking each agency to “publicly disclaim [its] past, present, and...more

4/14/2015 - Banking Sector CFPB Choke Point Consumer Lenders Federal Reserve Financial Services Committee NCUA OCC Payday Loans Political Parties

Why the CFPB’s new lawsuit resembles “Operation Choke Point”

Yesterday, the CFPB announced that it had filed a lawsuit against “the ringleaders of a robo-call phantom debt collection operation, their companies, and their service providers.” This is the same lawsuit filed in federal...more

4/10/2015 - CFPB Choke Point Debit and Credit Card Transactions Debt Collectors Enforcement Actions Robocalling

CFPB issues No FEAR Act report

The CFPB has issued its No FEAR Act Annual Report for FY 2014. The “No FEAR Act” is the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002. It requires federal agencies to submit an annual report...more

4/7/2015 - Annual Reports CFPB Public Employees Public Employers

New CFPB lawsuit targets payment processors for debt collectors

A new CFPB enforcement action filed in federal district court in Atlanta and unsealed last week targeting an alleged debt collection scam names as defendants not only the debt collectors and their individual principals but...more

4/7/2015 - CFPB Data Brokers Debt Collection Debt Collectors Enforcement Actions FDCPA Payment Processors Scams

OIG updates project completion dates and completes audit of CFPB’s Tableau system

In its work plan updated as of March 27, 2015, the Office of Inspector General (OIG) has moved back the estimated completion dates of several ongoing projects previously estimated to be completed in the first quarter of...more

4/7/2015 - Audits CFPB Consumer Complaint System FISMA OIG

CFPB issues FDCPA 2015 report

The CFPB has issued its fourth annual FDCPA report covering the CFPB’s activities in 2014. The section of the report that reviews consumer complaints about debt collection received by the CFPB in 2014 recycles information...more

3/31/2015 - Annual Reports CFPB Debt Collection FDCPA

CFPB 2014 complaints report shows large increase in debt collection and credit reporting complaints

The CFPB’s Consumer Response Annual Report analyzing complaints handled in 2014 indicates that volume rose 53% from 163,700 complaints in 2013 to 250,200 in 2014. The report provides data on the most common types of...more

3/31/2015 - Annual Reports CFPB Credit Reporting Agencies Debt Collection

ABA comments on CFPB prepaid card proposal

The American Bankers Association has submitted a 46-page comment letter on the CFPB’s proposed prepaid card rule. In the letter, the ABA makes the following key comments: Additional clarity is needed in the definition of the...more

3/27/2015 - American Bankers Association Banking Sector Banks CFPB Consumer Financial Products Prepaid Payment Products

Budget amendment introduced to change CFPB appropriations

Another Republican CFPB effort to subject the CFPB to the congressional appropriations policy took the form of an amendment to the Senate’s 2015 Budget Resolution introduced last week by Senator David Perdue. Earlier in...more

3/26/2015 - Appropriations Bill CFPB Federal Budget

OIG adds new audit item to work plan

The Office of Inspector General (OIG) has added a new ongoing CFPB project to its work plan updated as of March 13, 2015. The OIG is auditing the CFPB’s compliance with the Improper Payments Information Act of 2002, as...more

3/26/2015 - Audits CFPB OIG Work Plans

CFPB seeks comments on new information collection plans

The CFPB has published two Federal Register notices seeking comments on its plans to request approval from the Office of Management and Budget for two new generic information collection plans. Comments on both plans are due...more

3/25/2015 - CFPB Credit Reporting Agencies Data Collection Public Comment

KPMG audit finds CFPB budget review controls and corrective action process need improvement

The CFPB has released a report for FY 2014 prepared by KPMG of its independent audit of selected CFPB operations and budget. An annual independent audit is required by the Dodd-Frank Act. The report reflects work performed by...more

3/24/2015 - Audits CFPB KPMG Process Improvement

CFPB’s claims under CFPA survive challenge by for-profit education company but TILA claim held to be time-barred

An Indiana federal court recently granted in part and denied in part the motion of ITT Educational Services, Inc. to dismiss the CFPB’s complaint. As we previously reported, the CFPB’s complaint alleged that ITT engaged in...more

3/19/2015 - CFPA CFPB For Profit Education TILA Tuition

CFPB launches another credit card review

The CFPB has issued another request for information about the credit card market. The request is intended to inform the CFPB’s biennial review of the credit card market mandated by the CARD Act. In October 2013, the CFPB...more

3/19/2015 - CARD Act CFPB Consumer Financial Products Credit Cards

More CFPB reform bills introduced in House

In addition to the bill introduced last week by Republican Congressman Randy Neugebauer that would replace the CFPB’s director with a five-member commission, four other CFPB reform bills have been introduced by Republican...more

3/11/2015 - CFPB Financial Services Committee Pending Legislation

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