Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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House bill introduced to impose consumer complaints requirements on CFPB

Republican Congressman Matt Salmon has introduced a bill, the “CFPB Data Accountability Act ” (H.R. 5413), that would impose requirements on how the CFPB handles consumer complaints. The requirements include the following...more

6/17/2016 - Banking Sector CFPB Consumer Complaint Management Consumer Complaint System Consumer Financial Products Financial Services Industry Proposed Legislation

CFPB issues interim rule to adjust civil penalties for inflation

The CFPB has published an interim final rule to adjust the civil penalties within its jurisdiction for inflation. The adjustments were required by the Federal Civil Penalties Inflation Adjustment Act of 1990 which, pursuant...more

6/16/2016 - CFPB Civil Monetary Penalty Dodd-Frank Federal Civil Penalties Inflation Adjustment Act of 1990 Inflation Adjustments Interim Rule Jurisdiction

CFPB unveils Know Before You Owe auto loan initiative; issues report on consumer auto financing experiences

The CFPB has unveiled its latest “Know Before You Owe” initiative aimed at consumers shopping for an auto loan.  The new initiative was accompanied by the CFPB’s release of a report entitled “Consumer Voices on Automobile...more

6/13/2016 - Automotive Industry Automotive Loans Banking Sector CFPB Consumer Financial Products Consumer Lenders

CFPB to host June 22 eRegulations webinar

On June 22, 2016, the CFPB will host a webinar on recent updates to its eRegulations tool.  Acting Deputy Director David Silberman will be a webinar speaker. eRegulations is a tool available on the CFPB’s website that can be...more

6/13/2016 - Banking Sector CFPB HMDA Mortgages Regulation C Regulation DD Regulation Z Truth in Lending Act (TILA) Truth in Savings Act Webinars

FTC Provides 2015 Enforcement Report to CFPB

The Federal Trade Commission (FTC) has provided its annual report to the Consumer Financial Protection Bureau (CFPB) covering the FTC’s enforcement activities in 2015 related to compliance with Regulation Z (Truth in...more

6/10/2016 - Automotive Industry Automotive Loans Banking Sector CFPB EFTA FTC Payday Loans Popular Real Estate Market Regulation E Regulation M Regulation Z Truth in Lending Act (TILA)

CFPB files supplemental amicus brief in Third Circuit FDCPA case to address Spokeo

The CFPB has filed a supplemental amicus brief with the U.S. Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP, the case in which the district court ruled that a debt collection law firm violated the...more

6/10/2016 - Amicus Briefs Article III CFPB Debt Collection Debt Collectors Debt Settlement Services Debt-Relief Industry FDCPA FTC Spokeo v Robins Standing

CFPB adds to eRegulations platform

The CFPB announced that it has added Regulations C, X, and DD to its eRegulations platform and has updated Regulation Z on the platform so that it includes all of the amendments made to the regulation through March 2016....more

6/10/2016 - Banking Sector CFPB HMDA Regulation C Regulation DD Regulation X Regulation Z RESPA Truth in Lending Act (TILA) Truth in Savings Act

House appropriations bill amendment would delay enforcement of CFPB payday loan rule

According to a Politico report, the House Appropriations Committee has advanced a bipartisan amendment to the FY17 Financial Services and General Government Appropriations bill that would block the CFPB from enforcing a rule...more

6/9/2016 - Ability-to-Repay Automotive Loans Banking Sector CFPB Consumer Financial Products Consumer Lenders Dodd-Frank Legislative Committees Online Marketplace Lending Payday Loans Title Loans

Congressman Hensarling’s Dodd-Frank replacement bill to include CFPB reforms

Republican Congressman Jeb Hensarling, who chairs the House Financial Services Committee Chairman, released a summary of a bill to replace the Dodd-Frank Act.  The bill is entitled “The Financial CHOICE Act,” with “CHOICE”...more

6/9/2016 - Arbitration Arbitration Agreements Automotive Loans CFPB Class Action Class Action Arbitration Waivers Consumer Financial Products Dodd-Frank Financial Services Industry Legislative Committees

FTC provides 2015 enforcement report to CFPB

The Federal Trade Commission has provided its annual report to the CFPB covering the FTC’s enforcement activities in 2015 related to compliance with Regulation Z (Truth in Lending), Regulation M (Consumer Leasing), and...more

6/7/2016 - Automotive Loans CFPB Dodd-Frank EFTs Enforcement Actions FTC Mortgages Payday Loans Popular Regulation E Regulation M Regulation Z Title Loans Truth in Lending Act (TILA) Unfair or Deceptive Trade Practices

House FY 2017 appropriations bill would curb CFPB authority, require another arbitration study

The fiscal year 2017 appropriations bill approved last week by the House Financial Services and General Government Appropriations Subcommittee of the House Appropriations Committee includes the following provisions intended...more

6/1/2016 - Appropriations Bill Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Consumer Financial Contracts Consumer Financial Products Dodd-Frank Financial Services Industry Legislative Committees

Academics challenge data used in CFPB auto title loan report

Tomorrow, in conjunction with a field hearing on small dollar loans, the CFPB is expected to issue its proposed rule addressing single-payment payday and auto title loans, deposit advance products, and certain “high cost”...more

6/1/2016 - Automotive Loans Banking Sector CFPB Consumer Financial Products Deposit Advances Payday Loans Title Loans

ABA challenges CFPB use of generic clearance for overdraft research

The American Bankers Association has sent a comment letter to the CFPB challenging the Bureau’s use of the generic clearance process to conduct research in connection with its overdraft rulemaking. The letter was submitted...more

5/27/2016 - American Bankers Association Banking Sector CFPB Clearance Information Reports OIRA OMB Overdraft Fees

CFPB May 2016 complaint report highlights credit reporting complaints, complaints from New Mexico consumers

The CFPB has issued its May 2016 complaint report which highlights complaints about credit reporting  and complaints from consumers in New Mexico and the Albuquerque metro area.  The CFPB began taking complaints about credit...more

5/26/2016 - CFPB Consumer Complaint System Consumer Financial Products Consumer Reporting Agencies Credit Reports Debt Collection Financial Institutions Financial Sector Mortgages Online Marketplace Lending Payday Loans Student Loans

CFPB Consumer Advisory Board to meet on June 9

The CFPB has published a notice in the Federal Register indicating that it will hold a meeting of its Consumer Advisory Board on June 9, 2016 in Little Rock, Arkansas.  The topics to be discussed at the meeting are “an auto...more

5/25/2016 - Automotive Loans CFPB Consumer Advisory Board Consumer Financial Products Consumer Lenders Payday Loans Title Loans

SCOTUS decides FDCPA case

On May 16, 2016, the U.S. Supreme Court unanimously held in Sheriff v. Gillie that an independent contractor to the Ohio Attorney General (OAG) did not mislead consumers in violation of the Fair Debt Collection Practices Act...more

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

Comment period on CFPB proposed arbitration rule ends August 22

With the publication of the CFPB’s proposed arbitration rule in today’s Federal Register, the 90-day comment period is now running.  Comments on the proposal must be received on or before Monday, August 22, 2016....more

5/24/2016 - 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 Public Comment Service Contracts

CFPB launches Spanish-language Twitter and Facebook accounts

The CFPB recently announced that it has launched official Spanish-language Twitter and Facebook accounts.  The CFPB previously launched a Spanish-language website and recently updated the translations on the “Ask CFPB”...more

5/23/2016 - Banking Sector CFPB Facebook Financial Institutions Limited English Proficiency (LEP) Online Platforms Social Networks Twitter

CFPB schedules June 2 field hearing on small dollar lending

The CFPB has announced that it will hold a field hearing on small dollar lending in Kansas City, Missouri on June 2, 2016. We anticipate the field hearing to coincide with the CFPB’s release of its proposed rule which is...more

5/20/2016 - Automotive Industry Automotive Loans Banking Sector CFPB Consumer Financial Products Consumer Lenders Payday Loans Title Loans

OCC to hold forum on financial innovation

In his April 2016 appearance before the Senate Banking Committee, Director Cordray made clear that FinTech companies are on the CFPB’s radar screen. In particular, he indicated that while FinTech companies should not have an...more

5/19/2016 - Banking Sector CFPB FinTech Innovative Technology OCC Technology Sector White Paper

Our thoughts on “Ask CFPB”

In a new blog post, the CFPB promotes its “Ask CFPB” website feature as “a source of clear, impartial answers to hundreds of financial questions.” We agree that the feature can be a source of potentially helpful...more

5/17/2016 - Arbitration Bank Accounts CFPB Credit Reports Debt Collection Mortgages Student Loans

CFPB April 2016 Complaint Report Highlights Mortgage Complaints, Complaints From California Consumers

The Consumer Financial Protection Bureau (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...more

5/16/2016 - Banking Sector CFPB Consumer Complaint System Consumer Financial Products Mortgage Lenders Mortgage Servicers Mortgages

CFPB Academic Research Council to meet on May 20

The CFPB has announced that there will be meeting of its Academic Research Council on May 20, 2016 in Washington, D.C. to discuss methodologies for CFPB research....more

5/16/2016 - Banking Sector CFPB Financial Institutions Regulatory Agenda

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