Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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CFPB schedules October 7 field hearing on arbitration; Alan Kaplinsky to represent industry

The CFPB has announced that it will hold a field hearing about arbitration in Denver, Colorado on October 7, 2015 and has asked Alan Kaplinsky, Practice Leader of Ballard Spahr’s Consumer Financial Services Group, to...more

9/25/2015 - Arbitration Arbitration Agreements CFPB Consumer Financial Products Consumer Lenders Dodd-Frank Financial Sector Loans Payday Loans SBREFA Small Business

CFPB publishes annual CARD Act, HOEPA and QM adjustments

The CFPB has published a final rule regarding various annual adjustments it is required to make under provisions of Regulation Z (TILA) that implement the CARD Act, HOEPA, and the ability to repay/qualified mortgage...more

9/23/2015 - CARD Act CFPB Consumer Financial Products Consumer Lenders Dodd-Frank Final Rules Financial Sector Financial Services Industry HOEPA Loans Mortgage Lenders Mortgage Servicers Qualified Mortgage Rule Regulation Z Safe Harbors Threshhold Requirements TILA

Federal appeals court confirms FTC authority to regulate cybersecurity policies and procedures

Banks and other companies subject to the CFPB’s jurisdiction face the possibility that the CFPB could begin using its authority under Sections 1031 and 1036 of the Dodd-Frank Act (which proscribe unfair, deceptive or abusive...more

9/1/2015 - Banking Sector Banks CFPB Cyber Attacks Cyber Crimes Cybersecurity Data Privacy Data Protection Data Security Dodd-Frank Enforcement Actions Financial Institutions Financial Sector FTC FTC Act FTC v Wyndham Hackers Jurisdiction Privacy Policy Section 5 Unfair or Deceptive Trade Practices Wyndham

CFPB denies lead generation company’s petition to modify or set aside CID

The CFPB has denied the petition of a lead generation company and its employee to modify or set aside a civil investigative demand (CID). As we reported, among the petitioners’ arguments for why the CID should be set aside...more

8/11/2015 - CFPB CID Civil Investigation Demand Dodd-Frank EEOC FCRA Financial Services Industry FTC

Texas Bankers Association files FOIA request with CFPB

The Texas Bankers Association (TBA) announced on its website that it has filed a Freedom of Information Act (FOIA) Request with the CFPB to obtain all documentation the CFPB requested from bank software processors on the...more

7/31/2015 - American Bankers Association Banking Sector Banks CFPB Dodd-Frank Financial Institutions Financial Services Industry FOIA Overdraft Fees

Challenge to CFPB’s constitutionality reemerges

The issue of the CFPB’s constitutionality reemerged last week in court and Congress. On the judicial front, the U.S. Court of Appeals for the D.C. Circuit, in State National Bank of Big Spring, Texas, et al. v. Lew, et al.,...more

7/28/2015 - Banking Sector Banks Canning v NLRB CFPB Dodd-Frank Financial Institutions FSOC Motion to Dismiss Richard Cordray SCOTUS Standing Title II

Senate Judiciary Committee holds hearing on Dodd-Frank constitutional issues

The Senate Judiciary Committee held a hearing yesterday entitled “The Administrative State v. The Constitution: Dodd-Frank at Five Years.” The hearing was focused on constitutional issues relating to the Dodd-Frank Act,...more

7/24/2015 - CFPB Congressional Investigations & Hearings Dodd-Frank Senate Judiciary Committee

Lead generator files petition to set aside CFPB CID

A lead generation company and its employee recently filed a petition with the CFPB to modify or set aside a civil investigative demand (CID). Among the arguments made in the petition for why the CID should be set aside is...more

7/22/2015 - Bank Service Providers CFPB Civil Investigation Demand Consumer Financial Products Dodd-Frank Lead Generators

OIG seeks improved CFPB approach for notifying prudential regulators of violations by smaller financial institutions

The Office of Inspector General for the Fed/CFPB has sent a memorandum to the CFPB, the subject of which is “The CFPB Can Enhance Its Process for Notifying Prudential Regulators of Potential Material Violations.” The memo...more

7/7/2015 - CFPB Credit Unions Dodd-Frank Enforcement Financial Institutions OIG

Community groups want CFPB action on small business lending data collection rules

A recent American Banker article written by officials of three community groups urges President Obama to publicly denounce Director Cordray for failing to issue regulations implementing the small business lending data...more

7/3/2015 - Banks Barack Obama Data Collection Dodd-Frank ECOA Richard Cordray Small Business

Lawmakers urge CFPB to reopen arbitration study

A group of more than 80 House and Senate Republicans have sent a letter to Director Cordray asking the CFPB to reopen its arbitration study. The CFPB released the final results of its empirical study of consumer arbitration...more

6/19/2015 - Arbitration CFPB Consumer Financial Contracts Consumer Financial Products Consumer Lenders Dodd-Frank Richard Cordray Trade Associations

House appropriations amendment would create new requirements for CFPB arbitration rule

According to a Politico report, the House Appropriations Committee has approved an amendment to the FY 2016 Financial Services Appropriations bill that would impose new requirements on the CFPB before it can issue a rule...more

6/19/2015 - Appropriations Bill Arbitration CFPB Dodd-Frank Financial Services Committee Public Comment

FTC provides 2014 enforcement report to CFPB

The Federal Trade Commission has provided its annual Financial Acts Enforcement Report to the CFPB covering the FTC’s enforcement activities in 2014 related to compliance with Regulation Z (Truth in Lending), Regulation M...more

6/12/2015 - CFPB Dodd-Frank Enforcement Authority Enforcement Statistics FTC Regulation E Regulation M Regulation Z TILA

OIGs issue report on coordination among CFPB and prudential regulators

The Offices of Inspector General for the Fed/CFPB, FDIC, Treasury and NCUA have issued a report setting forth the results of their review of the extent to which the CFPB and prudential regulators (FDIC, Fed, OCC and NCUA)...more

6/10/2015 - Banking Sector Dodd-Frank Information Reports Prudential Regulation Authority Regulatory Oversight Supervision

ABA raises concerns about costs to industry resulting from CFPB information gathering

In a memo to state banking associations, the American Bankers Association raises concerns about the costs to industry of the CFPB’s use of its expansive authority to gather information under Section 1022 of the Dodd-Frank...more

6/9/2015 - American Bankers Association Banks CFPB Data Collection Dodd-Frank Rulemaking Process

Trade groups urge CFPB to solicit public comments on arbitration study

Five leading financial services industry trade groups have sent a letter to the CFPB urging it to solicit public comments on the final results of its arbitration study before deciding whether to initiate a rulemaking...more

5/28/2015 - American Bankers Association Arbitration CFPB Chamber of Commerce Debt Collection Dodd-Frank Prepaid Payment Products Public Comment SBREFA

Update on state AGs/regulator lawsuits using Dodd-Frank authority

Below is an update on the lawsuits we have been following that state attorneys general and a state regulator have brought using their Dodd-Frank enforcement authority. Under Dodd-Frank Section 1042, a state AG or regulator is...more

1/28/2015 - Automotive Loans CFPA Consumer Lenders Dodd-Frank Enforcement Actions Experian For Profit Colleges Popular Subprime Mortgages TILA UDAAP Unfair Trade Practices Act

House Financial Services Committee approves oversight plan; Committee chair gets new subpoena authority

The House Financial Services Committee voted unanimously today to approve the Committee’s oversight plan for the 114th Congress. The plan provides that the Committee intends to continue its close examination of the...more

1/22/2015 - Amended Regulation CFPB Choke Point Consumer Financial Products Dodd-Frank Financial Services Committee Mortgages

CFPB issues second appropriations report

The CFPB has issued its second 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

1/6/2015 - Annual Reports Appropriation CFPB Dodd-Frank

NY regulator settles lawsuit filed using Dodd-Frank authority

A settlement has been announced in the lawsuit filed by Benjamin Lawsky, the Superintendent of the New York Department of Financial Services, using his Dodd-Frank Section 1042 authority. Section 1042 allows state attorneys...more

12/24/2014 - Automotive Industry Automotive Loans Civil Monetary Penalty Consent Order Dodd-Frank TILA Unfair or Deceptive Trade Practices

CFPB settles with military base retailer and related companies for alleged unlawful debt collection practices

As part of this week’s flurry of enforcement-related announcements, the CFPB announced the settlement of a lawsuit filed jointly with the Attorneys General of North Carolina and Virginia against Freedom Stores, Inc....more

12/22/2014 - CFPB Consent Order Debt Collection Dodd-Frank Enforcement Actions Internet Retailers Popular Retailers UDAAP

A further update on state AG/regulator lawsuits using Dodd-Frank authority

Below is an update on the lawsuits we have been following that state attorneys general and a state regulator have brought using their Dodd-Frank enforcement authority. Under Dodd-Frank Section 1042, a state AG or regulator is...more

11/13/2014 - Compliance Dodd-Frank Enforcement Enforcement Actions Title X UDAAP

Defendants file appeal in NY regulator’s lawsuit using Dodd-Frank authority

The defendants in the lawsuit brought by Benjamin Lawsky, the Superintendent of the New York Department of Financial Services, using his Dodd-Frank enforcement authority have filed an appeal with the U.S. Court of Appeals for...more

10/24/2014 - Appeals Cross-Complaints Dodd-Frank Enforcement Actions Unfair or Deceptive Trade Practices

Florida and Connecticut AGs file lawsuit asserting Dodd-Frank enforcement authority

On July 29, 2014, another Section 1042 lawsuit was filed jointly by the Attorneys General of Florida and Connecticut in a Florida federal court. The lawsuit alleges that four individuals and their four businesses formulated...more

9/18/2014 - Attorney Generals Dodd-Frank Enforcement Mortgage Servicing Rules Mortgages UDAAP

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