Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP


Latest Publications

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CFPB “brain drain” continues

The CFPB’s leadership ‘brain drain” seems to be continuing, with Politico reporting that Richard Hackett, the Bureau’s Assistant Director for installment and liquidity lending markets, is planning to leave the CFPB later this...more

6/18/2013 - Brain Drain CFPB Lenders Loans Student Loans

House Financial Services Committee to hold hearing on CFPB budget on June 18

Tomorrow, June 18, the House Financial Services Committee will hold a hearing on “CFPB Budget Review.” According to the memo to Committee members from Committee Majority Staff, the hearing “will examine the past and planned...more

6/17/2013 - CFPB Federal Budget

CFPB and FDIC launch new tool for preventing elder financial exploitation

The CFPB and Federal Deposit Insurance Corporation have jointly launched a new financial resource tool to assist older adults and their caregivers in avoiding elder financial exploitation. Named “Money Smart for Older...more

6/14/2013 - CFPB Elder Issues Exploitation FDIC

CFPB launches new regulatory implementation website page

The CFPB’s website now has a regulatory implementation page that provides “one stop shopping” for all of its 2013 mortgage rules and related implementation materials....more

6/14/2013 - CFPB Mortgages

More small entity compliance guides from the CFPB

The CFPB has issued two more Small Entity Compliance Guides on its mortgage-related rules. The latest guides cover the mortgage servicing rule and loan originator compensation rule finalized by the CFPB in January 2013....more

6/13/2013 - CFPB Loan Originator Compensation Rule Mortgage Loan Originators Mortgage Loan Servicing Standards Mortgages

Legal aid group files FOIA appeal with CFPB seeking release of mortgage complaint narratives

MFY Legal Services, an organization whose services include providing free legal assistance to New York City residents, has appealed the CFPB’s decision to withhold mortgage complaint narratives it requested pursuant to the...more

6/13/2013 - CFPB FOIA Mortgages

Briefing on cert petition completed in Noel Canning; case slated for Justices’ June 20 conference

The briefing on the NLRB’s petition for certiorari in Noel Canning was completed yesterday, with the filing by the NLRB of a brief replying to the respondent’s brief filed on May 23. ...more

6/7/2013 - Canning v NLRB Certiorari NLRB Pro Forma Sessions Recess Appointments SCOTUS

Update on cases challenging Cordray appointment

We have been following two federal court cases that involve challenges to Director Cordray’s appointment. The California case, CFPB v. Chance Edward Gordon, was filed in summer 2012 by the CFPB against an attorney and his law...more

5/30/2013 - Barack Obama Canning v NLRB CFPB Dodd-Frank Receivership Recess Appointments Richard Cordray

Republican Senators file amicus brief supporting certiorari in NLRB v. Noel Canning

Senate Republican Leader Mitch McConnell and his 44 Senate Republican colleagues have filed an amicus brief urging the U.S. Supreme Court to grant certiorari in NLRB v. Noel Canning....more

5/30/2013 - Barack Obama Canning v NLRB Certiorari Mitch McConnell NLRB Recess Appointments SCOTUS

Respondent files brief urging Supreme Court to grant certiorari in NLRB v. Noel Canning

We recently reported that counsel for the respondent in NLRB v. Noel Canning planned to make a filing advising the U.S. Supreme Court that the respondent did not oppose the NLRB’s petition for certiorari....more

5/29/2013 - Canning v NLRB Certiorari NLRB Recess Appointments SCOTUS

Tribal challenge made to Cordray appointment

According to a Bloomberg report, the Chippewa-Cree tribe in Montana, as grounds for objecting to a Civil Investigative Demand (CID) issued by the CFPB, has challenged the validity of Director Richard Cordray’s recess...more

5/29/2013 - CFPB CID Native American Issues Recess Appointments Richard Cordray Tribal Governments

OIG to issue report on presence of CFPB enforcement attorneys in exams by October 31

In its Semiannual Report to Congress for the six month period ending March 31, 2013, the Federal Reserve Board’s Office of the Inspector General (OIG) indicates that, during the next semiannual reporting period (which ends...more

5/24/2013 - CFPB Consumer Reports Enforcement OIG SBREFA

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

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