Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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Alan Kaplinsky and Professor Sovern: the arbitration debate continues

In a new American Banker article, Alan Kaplinsky, Practice Leader of Ballard Spahr’s Consumer Financial Services Group, responded to an article by Professor Jeff Sovern that called into question Alan’s prediction that the...more

11/24/2015 - Arbitration CFPB Class Action Class Action Arbitration Waivers JAMS

More criticism for NY Times arbitration stance in Forbes article

Daniel Fisher of Forbes has written another article criticizing the NY Times for its stance on arbitration. Last week, Mr. Fisher criticized the first article in the Times’ three-part series on arbitration for disregarding...more

11/10/2015 - Arbitration Attorney's Fees CFPB Class Action New York Times

More criticism of NY Times arbitration articles from U.S. Chamber of Commerce

The U.S. Chamber of Commerce has issued further criticism of the recent articles on arbitration published in the New York Times. The Chamber’s initial comments focused on the Times’ first article in which Alan Kaplinsky,...more

11/9/2015 - Arbitration Class Action Class Action Arbitration Waivers Consumer Financial Products Financial Institutions

U.S. Chamber of Commerce criticizes NY Times arbitration articles

The U.S. Chamber of Commerce has issued strong criticism of the first two articles on arbitration published in the New York Times this past Sunday and earlier this week. (The articles were part of a series of three reports.)...more

11/5/2015 - Arbitration Banking Sector Banks CFPB Chamber of Commerce Class Action Class Action Arbitration Waivers Financial Institutions New York Times Service Agreements

CFPB Consumer Advisory Board to discuss arbitration at October 22 meeting

The CFPB has announced that its Consumer Advisory Board will meet on October 22, 2015 in Washington, D.C. The meeting, at which Director Cordray is scheduled to give opening remarks, will include a discussion of arbitration,...more

10/13/2015 - Arbitration CFPB Class Action Class Action Arbitration Waivers Consumer Advisory Board Financial Institutions

CFPB files amicus brief in U.S. Supreme Court Article III standing case

The CFPB, together with the DOJ, has filed a second amicus brief in Spokeo, Inc. v. Robins, the case pending before the U.S. Supreme Court in which the issue is whether a plaintiff who cannot show any actual harm from a...more

9/14/2015 - Amicus Briefs Article III Certiorari CFPB Class Action Defamation DOJ FCRA Injury-in-Fact Motion to Dismiss Obama Administration Online Platforms Online Reputation Personally Identifiable Information SCOTUS Solicitor General Spokeo Spokeo v Robins Standing Statutory Damages Websites

Company that entered into CFPB consent order loses motion to dismiss class action

A California federal judge has rejected the attempt of Castle & Cooke Mortgage, LLC, the mortgage company that entered into a consent order with the CFPB in November 2013 to settle charges that it violated the Regulation Z...more

6/16/2015 - CFPB Class Action Consent Order Loan Originator Compensation Rule Mortgage Lenders Mortgage Loan Originators Popular Regulation Z Truth in Lending Act (TILA)

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 Truth in Lending Act (TILA)

Mortgage company that entered into CFPB consent order moves to dismiss class action claims

Earlier this week, Castle & Cooke Mortgage, LLC, the mortgage company that entered into a consent order with the CFPB in November 2013 to settle charges that it violated the Regulation Z loan originator compensation rule (“LO...more

10/31/2014 - CFPB Class Action Consent Order Mortgages Motion to Dismiss

Mortgage Banking Update - March 21, 2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more

3/21/2013 - Amount in Controversy CAFA Class Action Data Protection Debt Collection FDCPA Foreclosure FTC HOA Licenses Liens Mobile Payments Mortgages Privity of Contract Res Judicata Robo-Signing SCOTUS Uniform State Test

Mortgage Banking Update - March 08, 2013

In This Issue: - Kentucky County Clerks Cannot Sue MERS for Failure To Record Mortgage Assignments, Sixth Circuit Rules - Bipartisan Policy Center Proposes New Directions for National Housing Policy - FTC...more

3/8/2013 - Assignments Class Action MERS Mortgages Recording Requirements

Mortgage Banking Update - February 21, 2013

In This Issue: - MERS Has Power To Assign Interest in Deed of Trust, Borrower Can Challenge Assignment of Mortgage, First Circuit Rules - Federal Judge Refuses To Dismiss Arizona Mortgage Class Action Alleging...more

2/21/2013 - CFPB Class Action Debt Collectors Deed of Trust Disclosure Requirements DOJ Fair Lending Fraud Information Sharing Interest Rates Licenses MERS Mortgage Loan Originators

Mortgage Banking Update - January 25, 2013

In This Issues: - CFPB Generates Flurry of New Mortgage Banking Industry Rules - CFPB Issues Final ECOA Appraisal Rule - 20 State Agencies Adopt Uniform State MLO Testing - Mortgage Foreclosure Is Debt...more

1/25/2013 - Appraisal CAFA CFPB Class Action Debt Collectors FDCPA Foreclosure Licenses Mortgages Removal

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