Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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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 Discrimination DOD DOJ ECOA Fannie Mae FDIC FHA Financial Services Committee Freddie Mac Information Reports Lenders Military Lending Act Mortgages Qualified Mortgage Rule

Another Supreme Court disparate impact case?

The U.S. Supreme Court could have its third opportunity since 2012 to provide clarity with respect to disparate impact claims under the Fair Housing Act and (by analogy) the Equal Credit Opportunity Act. After losing on...more

6/11/2014 - Disparate Impact ECOA Fair Housing Act HUD NAACP SCOTUS

No CFPB regulations in 2014 implementing expanded ECOA small business data collection requirements

Section 1071 of Dodd-Frank amended the Equal Credit Opportunity Act to require financial institutions to collect and maintain certain data in connection with credit applications made by women- or minority-owned businesses and...more

4/10/2014 - CFPB Data Collection ECOA Small Business

OIG finds CFPB’s supervision program needs improvement

Earlier this week, the results of an evaluation of the CFPB’s supervision program conducted by the Office of Inspector General (OIG) that the CFPB shares with the Fed were released in a report entitled “The CFPB Can Improve...more

4/4/2014 - CFPB ECOA OIG Supervision

Mount Holly settlement approved; dismissal of U.S. Supreme Court appeal to follow

As expected, the Mount Holly town council voted last night to approve the settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. Coming just three weeks before the U.S. Supreme Court oral argument...more

11/14/2013 - ECOA Fair Housing Act HUD Mount Holly v Mt. Holly Citizens in Action SCOTUS

ABA and MBA ask CFPB to reconsider coverage of business credit in ECOA appraisal rule

The American Bankers Association and the Mortgage Bankers Association have sent a letter to the CFPB asking it to reconsider the applicability of the final Equal Credit Opportunity Act (ECOA) appraisal rule to business...more

8/6/2013 - American Bankers Association Appraisal Business Tax Credits CFPB ECOA Mortgage Bankers Association

FTC confirms continued commitment to vigorous enforcement in letter to CFPB

In its annual letter to the CFPB on its 2012 administrative and enforcement activities related to Regulations B (ECOA), E (Electronic Fund Transfers), Z (TILA) and M (Consumer Leasing), the FTC stressed that it is “committed...more

5/16/2013 - CFPB Consumer Lenders ECOA Electronic Fund Transfer Act Enforcement FTC TILA

CFPB issues more small entity compliance guides for mortgage-related rules

The CFPB has issued several more Small Entity Compliance Guides on its mortgage-related rules. In addition to its guide on the ability-to-repay and qualified mortgage rule, the CFPB has now issued Small Entity Compliance...more

5/7/2013 - Ability-to-Repay CFPB ECOA Higher-Priced Mortgage Loans HOEPA Mortgage Escrow Account Mortgages Qualified Mortgage Rule Small Entity Compliance Guide TILA

CFPB issues third Semi-Annual Report

The CFPB has issued its third Semi-Annual Report to the President and Congress. The report notes that it “predominately” covers the CFPB’s activities from July 1 through December 31, 2012 but, in certain sections, covers the...more

4/4/2013 - CFPB ECOA Fair Lending Loans Proposed Legislation

CFPB’s ECOA disparate impact test finds support in HUD’s FHA “Discriminatory Effects” final rule

In April 2102, the CFPB issued a bulletin to confirm that it plans to apply a disparate impact test in exercising its supervisory and enforcement authority under the Equal Credit Opportunity Act (ECOA) and Regulation B. The...more

2/14/2013 - CFPB Discriminatory Effects Rule Disparate Impact ECOA FHA HUD

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 Community State Bank 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

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