Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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CFPB sues company for alleged credit card sham

A new lawsuit filed by the CFPB alleges that a Texas-based company, Union Workers Credit Services, deceived consumers into paying fees to sign up for a “platinum card” that purported to be a general-use credit card but, in...more

12/18/2014 - CFPB Credit Cards Enforcement Actions FCRA Regulation V

CFPB sues company for alleged credit card sham

A new lawsuit filed by the CFPB alleges that a Texas-based company, Union Workers Credit Services, deceived consumers into paying fees to sign up for a “platinum card” that purported to be a general-use credit card but, in...more

12/18/2014 - CFPB Credit Cards Enforcement Actions FCRA Regulation V Unfair or Deceptive Trade Practices

CFPB announces lawsuits against student loan debt relief companies

On December 11, the CFPB announced lawsuits against two student loan debt relief companies alleged to have deceived borrowers into paying upfront fees for federal student loan repayment benefits that are available for free....more

12/15/2014 - CFPB Debt Collectors Debt-Relief Industry Enforcement Actions Federal Student Loans Student Loans

CFPB issues sixth Semi-Annual Report

The CFPB has issued its sixth Semi-Annual Report to the President and Congress covering the period from April 1 through September 30, 2014. As we have found with previous CFPB semi-annual reports, despite its 188-page...more

12/9/2014 - Annual Reports CARD Act CFPB EFTA Enforcement Actions TILA

CFPB announces consent order relating to alleged debt relief scam

The CFPB has announced that it has entered into a proposed consent order with Premier Consulting Group LLC and a related law firm to settle claims that the defendants charged consumers upfront fees in violation of the...more

12/5/2014 - CFPB Civil Monetary Penalty Consent Order Debt Settlement Services Debt-Relief Industry Enforcement Actions Telemarketing Sales Rule

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

CFPB and FTC file lawsuits against online payday lenders

Earlier this month, the CFPB and FTC filed lawsuits against different groups of interrelated companies and their individual principals for engaging in allegedly unlawful online payday lending schemes....more

9/19/2014 - CFPB EFTA Enforcement Actions FTC Payday Loans Popular TILA

GAO issues report on CFPB civil penalty fund

The Government Accountability Office (GAO) has issued a report on the results of its review the CFPB’s Civil Penalty Fund (CPF). The review was requested by Representative Shelley Moore Capito, who chairs the House Financial...more

8/1/2014 - CFPB Civil Monetary Penalty Compliance Dodd-Frank Enforcement Enforcement Actions GAO

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

We have been following four lawsuits brought by state Attorneys General and a state regulator using their Dodd-Frank enforcement authority. Under Dodd-Frank Section 1042, a state AG or regulator is authorized to bring a civil...more

7/23/2014 - Attorney Generals Dodd-Frank Enforcement Enforcement Actions Experian UDAAP

Ninth Circuit rejects Morgan Drexen’s attempt to enjoin CFPB’s enforcement action

As previously reported, in January 2014, the California federal district court hearing the CFPB’s enforcement action against Morgan Drexen rejected Morgan Drexen’s motion to dismiss based on a challenge to the CFPB’s...more

5/22/2014 - CFPB Enforcement Enforcement Actions

D.C. federal court dismisses Morgan Drexen lawsuit against CFPB

A Washington, D.C. federal district court has dismissed the lawsuit filed by Morgan Drexen against the CFPB that alleged the Bureau’s structure was unconstitutional because it violated the Constitution’s separation of powers....more

10/22/2013 - Advances CFPB Compliance Debt-Relief Industry Enforcement Actions Separation of Powers Unfair or Deceptive Trade Practices

CFPB moves to dismiss Morgan Drexen’s D.C. lawsuit; Morgan Drexen moves to enjoin CFPB’s CA action

In response to the motion for summary judgment filed by Morgan Drexen in its Washington, D.C. lawsuit against the CFPB, the CFPB has filed a motion to dismiss. After it was sued by Morgan Drexen, the CFPB filed an enforcement...more

9/3/2013 - CFPB Enforcement Actions Motion to Dismiss

CFPB releases financial update

The CFPB has released its financial update for the third quarter of FY 2013 (April 1-June 30, 2013). Although the CFPB’s FY 2013 budget was based on funding 1,214 employees, the update indicates that the CFPB had 1,226 ...more

8/27/2013 - CFPB Enforcement Actions

GAO agrees to review CFPB’s data collection activities

Earlier this month, we reported that Senator Mike Crapo, Ranking Member of the Senate Banking Committee, had sent a letter to the Government Accountability Office (GAO), asking the GAO to investigate the CFPB’s data...more

7/19/2013 - CFPB Compliance Data Collection Enforcement Actions GAO Investigations

FTC Settles First Mortgage Advertising Rule Enforcement Action

The Federal Trade Commission recently announced a settlement of its first enforcement action under its Mortgage Acts and Practices - Advertising Final Rule (MAPR)....more

7/12/2013 - Advertising CFPB Enforcement Actions FTC Mortgage Reform Mortgages Telemarketing Sales Rule

CFPB issues guidance on “responsible conduct” that can result in enforcement leniency

A new CFPB Bulletin provides guidance on “responsible conduct” the CFPB will consider in deciding how to exercise its enforcement discretion....more

6/27/2013 - CFPB Enforcement Actions Remediation Self-Policing Self-Reporting

CFPB’s Strategic Plan, Budget, and Performance Plan and Report tracks supervision and enforcement emphasis

The CFPB’s FY 2013-FY 2017 Strategic Plan, FY 2013 and FY 2014 Budget, and FY 2013 Annual Performance Plan and Report tracks the Bureau’s focus on supervision and enforcement. (While Director Cordray’s letter accompanying the...more

4/16/2013 - CFPB Enforcement Actions Fair Lending Federal Budget Strategic Enforcement Plan

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