Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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Solicitor General to participate in SCOTUS oral argument in FDCPA case

On March 29, 2016, the U.S. Supreme Court will hear oral argument in a Fair Debt Collection Practices Act case in which the CFPB joined the Solicitor General in filing an amicus brief in support of the plaintiffs. The court...more

3/29/2016 - Amicus Briefs CFPB Debt Collection Debt Collectors FDCPA Petition for Writ of Certiorari SCOTUS Solicitor General Summary Judgment

FTC provides advice to consumers on communicating with debt collectors

In a recent blog post, Dan Dwyer, a Staff Attorney with the FTC’s Division of Financial Practices, provided advice to assist consumers in communicating with a debt collector when the consumer does not recognize the debt. The...more

12/11/2015 - CFPB Credit Reports Debt Collectors Dispute Resolution FTC

CFPB highlights credit card complaints in fourth monthly complaint report

The CFPB has issued its October 2015 complaint report, the fourth in its new series of monthly complaint reports. The new report highlights credit card complaints and complaints from consumers in the Chicago, Illinois metro...more

10/29/2015 - CFPB Consumer Complaint System Consumer Financial Products Consumer Lenders Credit Cards Credit Reporting Agencies Credit Reports Debt Collection Debt Collectors Financial Institutions Payday Loans

Atlanta federal district court interprets CFPA standard for “substantial assistance” liability

Earlier this year, the CFPB filed a complaint in Atlanta federal district court targeting an alleged debt collection scam in which not only were the debt collectors named as defendants (Debt Collectors) but three companies...more

9/11/2015 - CFPA CFPB Consumer Financial Products Debt Collection Debt Collectors Financial Institutions ISOs Motion to Dismiss Payment Processors Securities Exchange Act UDAAP Underwriting

FTC Dallas debt collection program draws a crowd

The FTC has announced that it is moving its second “Debt Collection Dialogue,” scheduled to be held in Dallas, Texas on September 29, 2015, to a larger venue. The FTC is moving to the larger venue because the number of...more

9/3/2015 - CFPB Debt Debt Collection Debt Collectors Delinquent Borrowers Financial Institutions FTC

Envelope’s Display of Barcode With Embedded Account Number Violates FDCPA, Federal Court Rules

A federal court in Pennsylvania has ruled that a debt collector violated the Fair Debt Collection Practices Act (FDCPA) by sending a collection letter in an envelope that allegedly revealed a barcode in which the plaintiff’s...more

8/11/2015 - Debt Collection Debt Collectors Electronic Barcoding FDCPA Financial Institutions Motion to Dismiss Privacy Concerns

CFPB to participate in Dallas FTC debt collection program

The CFPB will be participating in the FTC’s second “Debt Collection Dialogue” to be held in Dallas, Texas on September 29, 2015. Gregory Nodler, CFPB Senior Counsel for Enforcement Policy and Strategy, is scheduled to be a...more

8/7/2015 - Best Practices CFPB Compliance Consumer Lenders Debt Collection Debt Collectors Enforcement Actions Financial Institutions FTC Regulatory Standards

CFPB sends debt collection questionnaire

The CFPB has sent a questionnaire which, according to the CFPB’s accompanying cover letter, is intended to help the CFPB “better understand operational costs and other factors associated with debt collection.” The cover...more

8/4/2015 - CFPB Creditors Debt Collection Debt Collectors Financial Institutions

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

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

CFPB announces lawsuits against student loan debt relief companies

On December 11, the CFPB announced lawsuits against two student loan debt relief companies alleged to have deceived borrowers into paying upfront fees for federal student loan repayment benefits that are available for free....more

12/15/2014 - CFPB Debt Collectors Debt-Relief Industry Enforcement Actions Federal Student Loans Student Loans

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

Mortgage Banking Update - January 10, 2013

In This Issue: - Ohio Enacts the Nation's First Transitional MLO Licensing Law for Out-of-State MLOs - Noted Data Security and Privacy Attorney Amy Mushahwar Joins Ballard Spahr - Information Security...more

1/10/2013 - ADA Data Protection Debt Debt Collectors Investment Firms Mortgage Loan Originators Mortgages

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