Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

Contact  |  View Bio  |  RSS

Latest Posts › Dodd-Frank

Share:

Members of Congress, consumer advocates file amicus briefs supporting CFPB’s petition for rehearing en banc in PHH case

A group of 21 current and former members of Congress and a group of 10 consumer advocacy organizations have filed amicus briefs in support of the CFPB’s petition filed with the D.C. Circuit seeking a rehearing of its decision...more

12/1/2016 - Administrative Proceedings Amicus Briefs Banking Sector CFPB Constitutional Challenges Dodd-Frank PHH Corp. v CFPB Removal For-Cause RESPA Single Director Solicitor General Statutory Interpretation

How does the PHH case impact presidential authority to remove Director Cordray?

A blog post entitled “The President’s Removal Power and the PHH Litigation” by Aditya Bamzai, an Associate Professor of Law at the University of Virginia School of Law, challenges the assumption of many observers that the new...more

12/1/2016 - Administrative Proceedings CFPB Constitutional Challenges Dodd-Frank PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation Trump Administration

CFPB amends commentary on adjustments to exemption thresholds; makes no changes to 2017 thresholds

The CFPB has adopted changes to its Reg Z commentary to memorialize the calculation methods used each year to adjust the thresholds for exempt consumer credit transactions and for transactions exempt from the special...more

11/29/2016 - Appraisal Banking Sector CFPB Consumer Price Index Dodd-Frank Exemptions Financial Transactions Mortgages Regulation M Regulation Z Threshold Requirements Truth in Lending Act (TILA)

D.C. Circuit orders PHH to respond to CFPB’s petition for rehearing en banc; invites response from Solicitor General

The D.C. Circuit has entered an order directing PHH Corporation to file a response to the CFPB’s petition for rehearing en banc in CFPB v. PHH Corporation. The order, filed November 23, 2016, requires PHH to file its...more

11/28/2016 - Administrative Proceedings CFPB Constitutional Challenges Dodd-Frank En Banc Review PHH Corp. v CFPB Removal For-Cause RESPA Single Director Solicitor General Statutory Interpretation

CFPB files lawsuit against structured settlement purchaser

The CFPB has filed a lawsuit in a Maryland federal district court against: (1) Access Funding, LLC (Access), a limited liability company that purchases structured settlements from consumers; (2) Access’ managing member...more

11/22/2016 - CFPA CFPB Dodd-Frank Financial Sector Financial Services Industry Purchasers Settlements Structured Settlements UDAAP Unfair or Deceptive Trade Practices

CFPB issues request for information on consumer access to financial information

In conjunction with its field hearing yesterday on consumer access to financial information, the CFPB has issued a request for information (RFI) about market practices related to such access.  Comments in response to the RFI...more

11/18/2016 - Banking Sector CFPB Consumer Financial Products Dodd-Frank Financial Institutions Financial Records Financial Services Industry Request For Information

What the PHH decision means for the CFPB’s UDAAP authority

In addition to its implications for CFPB rulemaking, the D.C. Circuit’s decision in PHH Corporation v. CFPB has significant implications for the CFPB’s authority to enforce federal consumer financial protection laws as well...more

11/4/2016 - Administrative Proceedings ALJ CFPB Constitutional Challenges Dodd-Frank EFTA HUD Mortgages PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statute of Limitations Statutory Interpretation Truth in Lending Act (TILA) UDAAP

House Committee approves Dodd-Frank replacement bill

By a vote of 30-26 earlier this week, the House Financial Services Committee approved the “The Financial CHOICE Act of 2016” (H.R. 5983), the bill released in July 2016 by Committee Chairman Jeb Hensarling to replace the...more

9/15/2016 - Arbitration Arbitration Agreements Automotive Loans CFPB Consumer Financial Products Dodd-Frank Financial Services Committee Financial Services Industry Legislative Agendas Native American Issues Online Marketplace Lending Payday Loans Proposed Legislation Regulatory Oversight Tribal Loans

Director Cordray Responds To Letter from Senators Seeking Tailored Rulemaking for Community Banks and Credit Unions

Last month, a bipartisan group of 70 senators were signatories to a letter sent to Consumer Financial Protection Bureau (CFPB) Director Richard Cordray urging the CFPB to “carefully tailor its regulations to match the unique...more

9/6/2016 - Banking Sector Banks CFPA CFPB Community Banks Consumer Financial Products Covered Person Credit Unions Dodd-Frank Exemptions Financial Institutions HMDA HOEPA Mortgages Qualified Mortgage Rule Real Estate Market Regulatory Oversight Richard Cordray Rural Areas SBREFA

Chamber files amicus brief in support of challenge to CFPB jurisdiction

The Chamber of Commerce of the United States of America (Chamber) has filed an amicus brief opposing the CFPB’s petition filed in the Eastern District of Pennsylvania to enforce its civil investigative demand (CID) issued to...more

8/26/2016 - Amicus Briefs Annuities CFPB Chamber of Commerce Civil Investigation Demand Dodd-Frank Financial Sector J.G. Wentworth LLC (JGW) Structured Settlements Truth in Lending Act (TILA) UDAAP

Director Cordray responds to letter from Senators seeking tailored rulemaking for community banks and credit unions

Last month, a bipartisan group of 70 Senators were signatories to a letter sent to Director Cordray urging the CFPB to “carefully tailor its regulations to match the unique nature of community banks and credit unions.” In...more

8/23/2016 - Banking Sector Banks CFPA CFPB Community Banks Consumer Financial Products Credit Unions Dodd-Frank Financial Institutions Regulatory Oversight Richard Cordray

House defeats amendment to 2017 appropriations bill striking requirements for CFPB arbitration rule

By a vote of 236-181, the House of Representatives rejected an amendment offered by two Democratic Congressman to H.R. 5485, the Financial Services and General Government Appropriations Act, which covers appropriations for...more

8/16/2016 - 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 Proposed Legislation Service Contracts U.S. House

CFPB previews debt collection rule in SBREFA outline

The CFPB has moved a step closer to issuing a debt collection rule by releasing an outline of the proposals it is considering in preparation for convening a small business review panel. The Small Business Regulatory...more

8/1/2016 - CFPB Debt Buyers Debt Collection Debt Collectors Dodd-Frank FDCPA Financial Sector SBREFA Small Business Third-Party Service Provider Time-Barred Debt

CFPB to hold July 28 debt collection field hearing

The CFPB has announced that it will hold a field hearing about debt collection on July 28, 2016 in Sacramento, California. We expect the field hearing to coincide with the CFPB’s release of an outline of the proposals it is...more

7/18/2016 - CFPB Debt Collection Dodd-Frank SBREFA Small Business

D.C. federal district court rejects recess appointment challenge

The D.C. federal district court has rejected the plaintiffs’ attempt in State National Bank of Big Spring, Texas, et al. v. Lew, et al. to invalidate the actions taken by Director Cordray while he was a recess appointee. The...more

7/14/2016 - Administrative Appointments Appointments Clause Article II Banking Sector Canning v NLRB CFPB Constitutional Challenges Dodd-Frank Enforcement Actions Recess Appointments Richard Cordray

ABA to sponsor July 20 program on CFPB arbitration proposal

On July 20, 2016, from 11:00 AM – 12:00 PM ET, the American Bar Association is sponsoring a program, “CFPB’s Proposed Arbitration Ban — What You Need To Know.” The panelists will discuss the pros and cons of the CFPB’s...more

7/14/2016 - American Bar Association (ABA) 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

House approves FY 2017 appropriations bill containing curbs on CFPB authority

By a vote of 239-185, the House of Representatives has approved a fiscal year 2017 appropriations bill that contains various provisions intended to curb the CFPB’s authority. Those provisions would fund the CFPB through the...more

7/11/2016 - Administrative Authority Appropriations Bill Arbitration Banking Sector CFPB Class Action Class Action Arbitration Waivers Consumer Financial Contracts Consumer Financial Products Dodd-Frank U.S. House

Text of Dodd-Frank replacement bill released

Last month, Republican Congressman Jeb Hensarling, who chairs the House Financial Services Committee, released a summary of “The Financial CHOICE Act,” a bill to replace the Dodd-Frank Act. The summary indicated that the...more

7/1/2016 - Arbitration Agreements Banking Reform Bill Banking Sector CFPB Class Action Arbitration Waivers Consumer Financial Products Dodd-Frank Financial Institutions Legislative Committees

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

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

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

102 Results
|
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×