Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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CFPB launches assessment of remittance rule

The CFPB has issued a notice regarding its plans to conduct an assessment of its remittance transfer rule which became effective on October 28, 2013. The assessment is being conducted under Section 1022(d) of the...more

3/21/2017 - Banking Sector CFPB Dodd-Frank Remittance Transfer Rule

CFPB covered by executive order on plan for reorganizing the executive branch

President Trump has signed a new executive order entitled “Presidential Executive Order on a Comprehensive Plan for Reorganizing the Executive Branch.” Unlike the regulatory freeze memo issued on Inauguration Day by...more

3/17/2017 - Banking Sector CFPB Dodd-Frank Executive Branch Executive Orders Government Agencies OMB Regulatory Reform Trump Administration

Lawmaker seeks CFPB fair lending investigation of fintech small business lenders

A Democratic congressman has raised concerns about potentially discriminatory lending practices used by fintech companies that extend credit to small businesses, calling on the CFPB “to vigorously investigate whether [such...more

3/17/2017 - Algorithms Banking Sector CFPB Discrimination Discriminatory Lending Practices Dodd-Frank ECOA Fair Lending FinTech Innovative Technology Minority-Owned Businesses Regulatory Oversight Small Business

PHH files opening en banc brief; seven supporting amicus briefs filed

On Friday, PHH filed its opening en banc brief with the D.C. Circuit in the rehearing of its appeal of Director Cordray’s June 2015 decision that affirmed an administrative law judge’s (ALJ) recommended decision concluding...more

3/14/2017 - Administrative Proceedings ALJ Amicus Briefs Banking Sector CFPB Constitutional Challenges Dodd-Frank Mortgages PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation

D.C. Circuit grants motion of U.S. for leave to file amicus brief in PHH by March 17; denies motions to intervene

The D.C. Circuit has entered an order granting the unopposed motion of the United States for leave to file an amicus brief in PHH by March 17, 2017.  As we previously observed, the motion appears to signal the DOJ’s intention...more

3/9/2017 - Administrative Proceedings Amicus Briefs Banking Sector CFPB Constitutional Challenges Dodd-Frank Motion for Leave Motion To Intervene PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation

Motion filed by U.S. seeking leave to file amicus brief by March 17 signals support for PHH

The United States, at the Solicitor General’s request, has filed an “unopposed motion” with the D.C. Circuit for leave to file an amicus brief in PHH by March 17, 2017.  The motion states that both PHH and the CFPB have...more

3/6/2017 - Administrative Proceedings Amicus Briefs Banking Sector CFPB Constitutional Challenges Dodd-Frank DOJ En Banc Review Motion for Leave PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation

PHH opposes intervention by plaintiffs in another case challenging CFPB’s constitutionality

PHH has filed a response opposing the motion of the plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew to intervene in the en banc rehearing.  The D.C. Circuit granted the CFPB’s petition for en banc...more

2/28/2017 - Administrative Proceedings Banking Sector CFPB Constitutional Challenges Dodd-Frank En Banc Review Motion To Intervene PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation

Plaintiffs in Another Case Challenging CFPB's Constitutionality Move to Intervene in PHH Case

The plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew have filed a "Motion To Intervene In Any En Banc Proceeding That May Be Granted" in the PHH case. The motion follows the D.C. federal district court's...more

2/27/2017 - Administrative Proceedings Banking Sector Case Consolidation CFPB Constitutional Challenges Dodd-Frank En Banc Review Motion To Intervene PHH Corp. v CFPB Recess Appointments Removal For-Cause RESPA Richard Cordray Single Director Statutory Interpretation

Plaintiffs in another case challenging CFPB’s constitutionality move to intervene in PHH case

The plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew have filed a “Motion To Intervene In Any En Banc Proceeding That May Be Granted” in the PHH case. The motion follows the D.C. federal district court’s...more

2/16/2017 - Administrative Proceedings Banking Sector Banks Case Consolidation CFPB Constitutional Challenges Dodd-Frank En Banc Review Motion To Intervene PHH Corp. v CFPB Popular Removal For-Cause RESPA Richard Cordray Single Director Statutory Interpretation Summary Judgment

D.C. Circuit denies motions to intervene in PHH case

The D.C. Circuit panel that issued the PHH decision last October has issued a per curiam order denying the three motions to intervene that were filed in the case last month....more

2/3/2017 - Administrative Proceedings Attorney Generals Banking Sector CFPB Constitutional Challenges Dodd-Frank Motion To Intervene PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation

Text of Senate bill released to replace CFPB leadership with five-person board

Last month, we blogged about reports that a bill (S. 105) has been introduced by three Republican Senators to change the CFPB’s single-director leadership structure to a five-person commission....more

2/2/2017 - Administrative Proceedings Banking Sector CFPB Dodd-Frank Proposed Legislation Single Director

PHH opposes motion to intervene filed by Democratic lawmakers

PHH has filed a response in opposition to the motion filed with the D.C. Circuit by Democratic lawmakers Senator Sherrod Brown and Representative Maxine Waters to intervene in the PHH appeal.  The lawmakers are, respectively,...more

2/2/2017 - Administrative Proceedings Article III Banking Sector CFPB Constitutional Challenges Dodd-Frank Motion To Intervene PHH Corp. v CFPB Removal For-Cause RESPA Single Director Standing Statutory Interpretation

PHH files supplemental response to CFPB’s rehearing petition; opposes state AGs’ motion to intervene

This past Friday, PHH filed a supplemental response to the CFPB’s petition for en banc rehearing and a response opposing the motion filed by Democratic Attorneys General of 16 states and the District of Columbia to intervene...more

1/31/2017 - Administrative Proceedings Attorney Generals Banking Sector CFPA CFPB Constitutional Challenges Dodd-Frank Financial Services Committee Motion To Intervene PHH Corp. v CFPB Removal For-Cause RESPA Senate Banking Committee Single Director Statutory Interpretation

Democratic lawmakers, consumer advocacy groups seek to intervene in PHH appeal

This past Monday, the Democratic Attorneys General of 16 states and the District of Columbia filed a motion with the D.C. Circuit seeking to intervene in the PHH appeal. Today, two more motions to intervene were filed. One...more

1/27/2017 - Administrative Proceedings Banking Sector CFPB Constitutional Challenges Dodd-Frank Financial Services Committee Motion To Intervene PHH Corp. v CFPB Removal For-Cause RESPA Senate Banking Committee Single Director Statutory Interpretation Trump Administration

Democratic state AGs seek to intervene in PHH appeal

The Democratic Attorneys General of 16 states and the District of Columbia have filed a motion with the D.C. Circuit seeking to intervene in the PHH appeal.  The states are Connecticut, Delaware, Hawaii, Illinois, Iowa,...more

1/26/2017 - Administrative Proceedings Attorney Generals Banking Sector CFPB Constitutional Challenges Dodd-Frank Motion To Intervene PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation Trump Administration

Independent audit recommends updates to CFPB privacy policies

The CFPB has released a report for 2016 prepared by KPMG LLP of its independent audit of selected CFPB operations and budget.  An annual independent audit is required by the Dodd-Frank Act.  The report dated December 16, 2016...more

1/26/2017 - Audits Banking Sector CFPB Dodd-Frank Privacy Policy

Court reported to reject request of plaintiffs in another case challenging CFPB’s constitutionality for consolidation with PHH

According to a Law360 report, the D.C. federal district court has denied the request of the plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew, et al. to consolidate their case with PHH on appeal to the...more

1/20/2017 - Administrative Proceedings Banking Sector Banks Case Consolidation CFPB Constitutional Challenges Dodd-Frank PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation Summary Judgment

Democratic leadership plans to oppose change in CFPB structure

As Inauguration Day approaches, the rhetoric about the CFPB’s future continues to heat up.  American Banker reported that, on a conference call with reporters earlier this week, Senate Minority Leader Charles Schumer stated...more

1/19/2017 - Banking Sector CFPB Constitutional Challenges Dodd-Frank Financial Services Committee Proposed Legislation Regulatory Oversight Single Director Trump Administration

Another view on Presidential authority to remove Director Cordray

As rumors swirl that President-elect Trump is planning to remove Director Cordray immediately after January 20th, conflicting views have emerged about his authority to do so before the appeal in PHH is resolved. We...more

1/17/2017 - Administrative Proceedings Banking Sector CFPB Constitutional Challenges Dodd-Frank PHH Corp. v CFPB Removal For-Cause RESPA Richard Cordray Single Director Statutory Interpretation Trump Administration

Lawmakers take sides on Director Cordray’s future; Senator Warren urges consumer advocates to defend CFPB

Battle lines over Director Cordray’s future at the CFPB are predictably forming along party lines. Earlier this week, two Republican senators sent a letter to Vice President-elect Pence urging Director Cordray’s removal by...more

1/13/2017 - Banking Sector CFPB Constitutional Challenges Dodd-Frank En Banc Review Financial Services Committee PHH Corp. v CFPB Political Appointments Recess Appointments Removal For-Cause Richard Cordray Trump Administration

CFPB issues final rule to adjust civil penalties for inflation

The CFPB has published a final rule to adjust for inflation the civil penalties within its jurisdiction. The adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 which, pursuant to a 2015...more

1/13/2017 - Banking Sector CFPB Civil Monetary Penalty Dodd-Frank Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 Federal Civil Penalties Inflation Adjustment Act of 1990 Final Rules Inflation Adjustments OMB RESPA SAFE Act Truth in Lending Act (TILA)

Plaintiffs in another case challenging CFPB’s constitutionality seek consolidation with PHH

The plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew, et al. want the D.C. federal district court to hold a status conference to determine how their case “can be most efficiently adjudicated” in light of...more

1/11/2017 - Administrative Proceedings Banking Sector CFPB Constitutional Challenges Dodd-Frank PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation

CFPB issues fourth report to appropriations committees

The CFPB has issued its fourth report entitled “Report of the Consumer Financial Protection Bureau Pursuant to Section 1017(e)(4) of the Dodd-Frank Act.” That Dodd-Frank section requires the CFPB’s Director to submit an...more

1/9/2017 - Banking Sector CFPB Dodd-Frank

CFPB releases annual employee survey results, 2016-2020 Diversity and Inclusion Strategic Plan

The CFPB released two items at year-end:  the results of its 2016 annual employee survey and its updated Diversity and Inclusion Strategic Plan (Strategic Plan) for 2016-2020....more

1/4/2017 - Banking Sector CFPB Diversity and Inclusion Standards (D&I) Dodd-Frank Financial Institutions Good Faith Minority-Owned Businesses Surveys Women-Owned Businesses

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