Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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CFPB and federal banking agencies issue guidance on unfair or deceptive credit practices in light of Reg AA repeal

Concurrently with a proposal from the Fed to repeal Regulation AA (12 CFR part 227), the CFPB and the federal banking agencies (Fed, OCC, FDIC and NCUA) have issued interagency guidance regarding unfair or deceptive credit...more

8/27/2014 - Banks CFPB Dodd-Frank FDIC FTC NCUA OCC Regulation AA Repeal U.S. Treasury UDAAP Unfair or Deceptive Trade Practices

CFPB extends remittance transfer rule depository institutions exception and finalizes other revisions

The CFPB has issued a final rule that extends for five years (until July 21, 2020) the temporary exception in its remittance transfer rule that allows insured depository institutions to estimate fees and exchange rates in...more

8/26/2014 - Banks CFPB Compliance Depository Institutions Remittance Transfer Rule Transfers

OCC steps up SCRA focus in exams

As we have been reporting, the CFPB has made the Servicemembers Civil Relief Act (SCRA) a major focus and instructs its examiners to look at SCRA compliance during examinations. The OCC has also stepped up its focus on SCRA...more

8/22/2014 - Banking Examinations Banking Sector Banks CFPB OCC SCRA

NCRC white paper seeks expansive CFPB rulemaking on small business lending data collection

The National Community Reinvestment Coalition (NCRC) has issued a white paper that urges the CFPB to take an expansive approach in developing regulations on the collection of small business lending data to implement Section...more

8/22/2014 - CFPB Data Collection Dodd-Frank Fair Lending Small Business

ABA continues to oppose CFPB’s proposed debt collection survey

The American Bankers Association has sent a second comment letter to the CFPB in which it recommends that the Office of Management and Budget not approve the CFPB’s proposed debt collection survey. The CFPB initially...more

8/22/2014 - American Bankers Association Banks CFPB Debt Collection OMB Surveys

Senators introduce bill to increase “large bank” asset threshold for CFPB supervision

A bipartisan bill (S. 2732) has been introduced by Republican Senator Pat Toomey and Democratic Senator Joe Donnelly to increase the asset threshold for “large banks” that are subject to CFPB supervision....more

8/21/2014 - Asset Funds Banks CFPB Proposed Legislation

Industry trade group launches campaign targeting CFPB plan to disclose complaint narratives

The Financial Services Roundtable has launched as multimedia campaign to challenge the CFPB’s proposal to expand the consumer complaint data that it publicly discloses to include complaint narratives....more

8/21/2014 - CFPB Consumer Complaint System Trade Associations

CFPB publishes annual CARD Act, HOEPA and QM adjustments

The CFPB has published a final rule regarding various annual adjustments it is required to make under provisions of Regulation Z (TILA) that implement the CARD Act, HOEPA, and the ability to repay/qualified mortgage...more

8/19/2014 - CARD Act CFPB Dodd-Frank Final Rules HOEPA Qualified Mortgage Rule Regulation Z TILA

OIG updated work plan includes projects focused on CFPB office renovations and employee diversity

The CFPB’s headquarters renovations is now the subject of two ongoing projects of the Office of Inspector General (OIG), according to the OIG’s updated work plan as of July 25, 2014. As the OIG indicates in the work...more

8/7/2014 - CFPB Compliance Diversity OIG

CFPB launches new financial education efforts directed at low-income consumers

Last week, the CFPB announced a new partnership with national and local nonprofit and public social services programs across the country to train staff to provide financial education and tools to clients with low-to-moderate...more

8/4/2014 - CFPB Mortgages

CFPB issues third annual Plain Writing Act compliance report

The CFPB has issued its third annual Plain Writing Act compliance report. Under the PWA, federal “executive agencies,” including the CFPB, are required to use plain language in documents that: are necessary for obtaining...more

8/1/2014 - CFPB Information Reports Plain Writing Act

GAO issues report on CFPB civil penalty fund

The Government Accountability Office (GAO) has issued a report on the results of its review the CFPB’s Civil Penalty Fund (CPF). The review was requested by Representative Shelley Moore Capito, who chairs the House Financial...more

8/1/2014 - CFPB Civil Monetary Penalty Compliance Dodd-Frank Enforcement Enforcement Actions GAO

Director Cordray to testify at July 30 House hearing on alleged CFPB employee discrimination

On July 30, 2014, the House Financial Services Committee’s Subcommittee on Oversight and Investigations will hold a hearing titled “Allegations of Discrimination and Retaliation and the CFPB Management Culture.” Director...more

7/29/2014 - CFPB Discrimination Richard Cordray

Consumer stories: CFPB birthday presents?

To mark the CFPB’s “third birthday,” Director Cordray sent an e-mail inviting consumers to share their “stories with the CFPB.” In addition, the CFPB has posted several videos on its website that Director Cordray described in...more

7/29/2014 - CFPB Consumer Complaint System

Industry trade groups seek more time to comment on CFPB proposal to disclose consumer complaint narratives

Five prominent industry trade groups have sent a letter to the CFPB asking for at least 90 days to comment on the CFPB’s proposal to expand the complaint data that it publicly discloses in its Consumer Complaint Database to...more

7/25/2014 - CFPB Complaint Procedures Disclosure Requirements Executive Orders

CFPB issues second Financial Literacy Annual Report

The CFPB has issued its second Financial Literacy Annual Report to Congress. The report covers the CFPB’s activities to improve consumer financial literacy during the period from June 2013 through May 2014. The report’s...more

7/24/2014 - CFPB Financial Planning

CFPB now taking complaints on prepaid cards, debt settlement services and more

Although we thought an announcement that the CFPB had begun taking complaints about new products would be made at its field hearing on consumer complaints last week, that announcement was made today. The CFPB announced that...more

7/22/2014 - CFPB Consumer Complaint System Credit Repair Services Debt Settlement Services Pawn Brokers Prepaid Payment Products Title Loans

CFPB issues new “snapshot” report on consumer complaints

The CFPB has issued a report on consumer complaints received from July 21, 2011 through June 30, 2014. According to the CFPB’s “Snapshot,” it handled approximately 395,300 complaints during this period, with its Consumer...more

7/21/2014 - CFPB Consumer Complaint System Information Reports Loan Modifications Payday Loans

CFPB and FTC to hold roundtable on debt collection and the Latino community

On October 23, 2014, the CFPB and FTC will be co-hosting a roundtable titled “Debt Collection & the Latino Community” to examine how debt collection issues affect Latino consumers, especially those who have limited English...more

7/21/2014 - CFPB Debt Collection FTC

OIG finds flaws in approval process used for CFPB headquarters renovation

The ballooning cost estimates for renovating the CFPB’s Washington, D.C. headquarters was the subject of verbal sparring between Director Cordray and Republican Congressmen during Director Cordray’s most recent appearance...more

7/3/2014 - CFPB Federal Contractors IRB Legislative Agendas Legislative Committees OIG Renovations

GAO report recommends increased CFPB participation in virtual currency efforts

In a report issued last week on virtual currencies, the Government Accountability Office recommended increased CFPB participation in interagency efforts related to such currencies. The report, entitled “Virtual...more

7/1/2014 - Banking Sector CFPB Enforcement GAO Information Reports Popular Senate Banking Committee Virtual Currency

CFPB seeking applicants for technology fellowship program

The CFPB has announced that it is now accepting applications for the next round of its Technology & Innovation fellowship program. The CFPB describes the fellowship as “a two year program for software developers, graphic and...more

6/25/2014 - CFPB Cybersecurity Data Protection Technology

CFPB seeking input on eRegulations

Last October, the CFPB announced the launch of its “eRegulations” feature on its website. At the time, the CFPB described eRegulations as “a web-based, open source tool that aims to make regulations easier to find, read, and...more

6/24/2014 - CFPB Regulation E Regulation Z

CFPB to issue whitepaper on methodology for identifying auto finance discrimination and consider use of advisory opinions

While Director Cordray’s appearance at the House Financial Services Committee’s hearing on the CFPB’s fifth Semi-Annual Report yesterday was accompanied by the usual dose of political theater, his testimony did yield the...more

6/20/2014 - Automotive Industry Automotive Loans Banks CFPB Choke Point Discrimination DOD DOJ ECOA Fannie Mae FDIC FHA Financial Services Committee Freddie Mac Information Reports Lenders Military Lending Act Mortgages Qualified Mortgage Rule

CFPB issues final rule on temporary cease-and-desist orders

In a notice published in today’s Federal Register, the CFPB has announced that it has adopted its interim final rule on temporary cease-and-desist orders (C&Ds) without change. The final rule takes effect on July 18, 2014....more

6/18/2014 - Cease and Desist CFPB

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