Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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CFPB and DOJ Announce Redlining Settlement

Consistent with recent indications from CFPB and Department of Justice officials that more redlining cases would soon be coming, the CFPB and DOJ have announced a proposed consent order with Hudson City Savings Bank to settle...more

10/9/2015 - Banking Sector Banks CFPB DOJ ECOA Fair Housing Act (FHA) Financial Institutions Mortgage Lenders Mortgages Race Discrimination Redlining Residential Real Estate Market

CFPB and DOJ announce redlining settlement

Consistent with recent indications from CFPB and Department of Justice officials that more redlining cases would soon be coming, the CFPB and DOJ have announced a proposed consent order with Hudson City Savings Bank to settle...more

9/28/2015 - Banking Sector Banks CFPB Community Reinvestment Act Compliance Consumer Financial Products Consumer Lenders CRA Discrimination DOJ ECOA Fair Housing Act (FHA) Fair Lending Financial Institutions Investigations Mortgage Brokers Mortgage Lenders Mortgage Servicers Mortgages OCC Race Discrimination Redlining Statistical Analysis

CFPB files amicus brief in U.S. Supreme Court Article III standing case

The CFPB, together with the DOJ, has filed a second amicus brief in Spokeo, Inc. v. Robins, the case pending before the U.S. Supreme Court in which the issue is whether a plaintiff who cannot show any actual harm from a...more

9/14/2015 - Amicus Briefs Article III Certiorari CFPB Class Action Defamation DOJ FCRA Injury-in-Fact Motion to Dismiss Obama Administration Online Platforms Online Reputation Personally Identifiable Information SCOTUS Solicitor General Spokeo Spokeo v Robins Standing Statutory Damages Websites

House Financial Services Committee passes CFPB-related bills including bill creating TRID Rule hold harmless period

On July 29, the following four CFPB-related bills were passed by the House Financial Services Committee: H.R. 3192, the “Homebuyers Assistance Act”: The bill would provide a hold harmless period for the TILA/RESPA Integrated...more

8/10/2015 - Anti-Steering Rules Banking Sector Banks CFPB Consumer Lenders DOJ Financial Institutions First Time Homebuyers FTC Lenders Minority-Owned Businesses Mortgage Lenders Mortgages Real Estate Market Small Business TILA-RESPA Integrated Disclosure Rule (TRID) Women-Owned Businesses

House Financial Services Committee passes CFPB-related bills including bill creating TRID Rule hold harmless period

Wednesday, the following four CFPB-related bills were passed by the House Financial Services Committee: H.R. 3192, the “Homebuyers Assistance Act”: The bill would provide a hold harmless period for the TILA/RESPA Integrated...more

7/31/2015 - Anti-Steering Rules Automotive Industry Automotive Loans Banking Sector Banks CFPB DOJ Financial Institutions Financing First Time Homebuyers Mortgage Loan Originators Mortgages Qualified Mortgage Rule Residential Real Estate Market TILA-RESPA Integrated Disclosure Rule (TRID)

Auto finance company agrees to change dealer compensation policy to settle CFPB and DOJ fair lending claims

Earlier this month, American Honda Finance Corporation (AHFC) entered into a settlement with the CFPB and the Department of Justice to resolve charges that it engaged in unlawful discrimination in violation of the Equal...more

7/28/2015 - Automotive Industry Automotive Loans CFPB Compensation Agreements Consumer Lenders DOJ ECOA Financial Institutions Honda

Justice Department’s ECOA report describes joint CFPB activity

The U.S. Department of Justice recently issued the Attorney General’s 2014 Annual Report to Congress Pursuant to the Equal Credit Opportunity Act Amendments of 1976. The report discusses the DOJ’s 2014 ECOA enforcement...more

4/25/2015 - Automotive Loans CFPB Discrimination DOJ ECOA Fair Housing Act (FHA) SCRA

House members propose bill to nullify CFPB indirect auto finance guidance

A bipartisan group of fourteen House members have introduced a bill (H.R. 5403) that would nullify the CFPB’s indirect auto finance guidance issued in March 2013 and require the CFPB to provide for a notice and comment period...more

9/12/2014 - Automotive Industry Automotive Loans CFPB DOJ Federal Reserve FTC Legislative Agendas Minority-Owned Businesses Proposed Legislation Public Comment Small Business Women-Owned Businesses

CFPB to issue whitepaper on methodology for identifying auto finance discrimination and consider use of advisory opinions

While Director Cordray’s appearance at the House Financial Services Committee’s hearing on the CFPB’s fifth Semi-Annual Report yesterday was accompanied by the usual dose of political theater, his testimony did yield the...more

6/20/2014 - Automotive Industry Automotive Loans Banks CFPB Choke Point Department of Defense (DOD) Discrimination DOJ ECOA Fair Housing Act (FHA) Fannie Mae FDIC Financial Services Committee Freddie Mac Information Reports Lenders Military Lending Act Mortgages Qualified Mortgage Rule

House 2015 DOJ appropriations bill prohibits DOJ use of disparate impact in FHA enforcement actions

The FY 2015 Commerce, Justice, Science Appropriations Act (H.R. 4660) passed by the House of Representatives includes an amendment (H. Amdt. 768) that prohibits the U.S. Department of Justice from using any of the funding...more

6/13/2014 - Appropriations Bill Disparate Impact DOJ Enforcement Fair Housing Act (FHA) HUD

Supreme Court rejects CFPB position in FDCPA case

A prevailing defendant in a Fair Debt Collection Practices Act case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court has ruled...more

3/4/2013 - Bad Faith CFPB DOJ FDCPA FTC SCOTUS

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 - Febuary 06, 2013

In This Issue: - Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit - Industry Employers Should Prepare Now for Health Care Reform - Title...more

2/6/2013 - Affordable Care Act Agents Canning v NLRB CFPB Discrimination DOJ ECOA Employer Group Health Plans Equal Access to Credit FFIEC Healthcare Insurance Agents Negligence NLRB Pay or Play Race Discrimination Recess Appointments Richard Cordray Social Media Title Examination Title Insurance Underwriting

Mortgage Banking Update - December 14, 2012

In This Issue: - CFPB Monitor Named to the ABA Journal Annual Blawg 100 List - Temporary CONGRESS PASSES LEGISLATION TO FIX CFPB PRIVILEGE WAIVER PROBLEM - CFPB DESCRIBES PLANS FOR COORDINATING WITH STATE...more

12/14/2012 - Advertising Attorney-Client Privilege Browser History Sniffing CFPB DOJ Enforcement Attorneys FCRA FTC Ombudsman Waivers

Congress passes bill eliminating ATM fee sticker requirement

The U.S. Senate has joined the House of Representatives in approving a bill (H.R. 4367) amending the Electronic Fund Transfer Act to eliminate the requirement that a fee disclosure be placed in a prominent and conspicuous...more

12/13/2012 - ATMs Disclosure Requirements DOJ EFTA

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