Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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CFPB files amicus brief in Ninth Circuit in remanded Article III standing case

This past May, the U.S. Supreme Court, in Spokeo, Inc. v. Robins, ruled 6-2 that a plaintiff alleging a Fair Credit Reporting Act violation does not have standing under Article III of the U.S. Constitution to sue for...more

7/19/2016 - Amicus Briefs Article III Background Checks Class Action FCRA Hiring & Firing Injury-in-Fact Screening Procedures Spokeo v Robins Standing

CFPB issues Summer 2016 Supervisory Highlights

In its Summer 2016 Supervisory Highlights, which covers supervision work generally completed between January and April 2016, the CFPB highlights violations found by its examiners involving automobile origination, debt...more

7/6/2016 - Automotive Loans Banking Sector CFPB Debt Collection ECOA EFTs Fair Lending FCRA Financial Institutions HMDA Mortgage Loan Originators Mortgages Regulation B Regulation V Regulation X Regulation Z RESPA

CFPB issues Winter 2016 supervisory report

In its Winter 2016 Supervisory Highlights, which covers supervision work generally completed between September and December 2015, the CFPB highlights violations found by CFPB examiners involving consumer reporting, debt...more

3/11/2016 - CFPB Consumer Reports Debt Collection FCRA Mortgage Loan Originators Student Loans Supervisory Highlights

FTC warns use of big data may violate federal consumer protection laws

A new FTC report, “Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues,” warns that certain uses of big data consisting of consumer information may implicate various federal consumer protection laws. In the...more

1/16/2016 - Big Data CFPB ECOA FCRA FTC FTC Act Section 5 UDAAP

U.S. Supreme Court hears oral argument in Article III standing case

Last week, the U.S. Supreme Court heard oral argument in Spokeo, Inc. v. Robins, an important case presenting the question of whether a plaintiff who cannot show any actual harm from a violation of the Fair Credit Reporting...more

11/10/2015 - Article III FCRA SCOTUS Spokeo v Robins Standing Statutory Damages

CFPB announces consent order with employment background screening report providers

The CFPB recently announced that it has entered into a consent order with two affiliated companies that generate and provide employment background screening reports. The consent order settles charges that the companies, which...more

11/9/2015 - Background Checks CFPB Compliance Consumer Reporting Agencies FCRA

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

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 Institutions FTC

Supreme Court takes case on statutory damages recovery even without any actual harm

The U.S. Supreme Court agreed yesterday to hear an important case that will decide whether a plaintiff who cannot show any actual harm from a violation of the Fair Credit Reporting Act nevertheless has standing under Article...more

4/29/2015 - Article III FCRA Federal Jurisdiction Imminent Harm SCOTUS Spokeo v Robins Standing Statutory Damages

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 releases compliance costs report

The CFPB recently released a report on the operational costs of regulatory compliance. The 176-page report is entitled “Understanding the Effects of Certain Deposit Regulations on Financial Institutions’ Operations: Findings...more

12/3/2013 - Banks CFPB Checking Accounts Compliance Costs Debit Cards FCRA Gramm-Leach-Blilely Act Overdraft Fees Truth in Lending Act (TILA)

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

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