Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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CFPB participates in FTC workshop on disclosure

The FTC recently held a workshop, “Putting Disclosures to the Test,” to explore the question of what should be done to make disclosures effective.  The workshop included reports on numerous studies related to consumer...more

9/27/2016 - Banking Sector CFPB Disclosure Requirements Financial Institutions Financial Services Industry FTC

FTC Provides 2015 Enforcement Report to CFPB

The Federal Trade Commission (FTC) has provided its annual report to the Consumer Financial Protection Bureau (CFPB) covering the FTC’s enforcement activities in 2015 related to compliance with Regulation Z (Truth in...more

6/10/2016 - Automotive Industry Automotive Loans Banking Sector CFPB EFTA FTC Payday Loans Popular Real Estate Market Regulation E Regulation M Regulation Z Truth in Lending Act (TILA)

CFPB files supplemental amicus brief in Third Circuit FDCPA case to address Spokeo

The CFPB has filed a supplemental amicus brief with the U.S. Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP, the case in which the district court ruled that a debt collection law firm violated the...more

6/10/2016 - Amicus Briefs Article III CFPB Debt Collection Debt Collectors Debt Settlement Services Debt-Relief Industry FDCPA FTC Spokeo v Robins Standing

FTC provides 2015 enforcement report to CFPB

The Federal Trade Commission has provided its annual report to the CFPB covering the FTC’s enforcement activities in 2015 related to compliance with Regulation Z (Truth in Lending), Regulation M (Consumer Leasing), and...more

6/7/2016 - Automotive Loans CFPB Dodd-Frank EFTs Enforcement Actions FTC Mortgages Payday Loans Popular Regulation E Regulation M Regulation Z Title Loans Truth in Lending Act (TILA) Unfair or Deceptive Trade Practices

House bill introduced to amend CFPB UDAAP authority

The Dodd-Frank Act gave the CFPB authority to regulate “unfair, deceptive, or abusive” acts or practices.  Republican Congressman Blaine Luetkemeyer has introduced the “Unfair or Deceptive Acts or Practices Uniformity Act,”...more

5/6/2016 - CFPB Dodd-Frank Enforcement Actions Financial Sector FTC Proposed Legislation UDAAP Unfair or Deceptive Trade Practices

CFPB issues 2016 FDCPA report

The CFPB has issued its fifth annual Fair Debt Collection Practices Act report covering the CFPB’s activities in 2015. In the background section of the report, the CFPB provides various statistics about the debt collection...more

3/25/2016 - Annual Reports CFPB Consumer Complaint System Debt Collection FDCPA FTC

FTC sends 2015 ECOA report to CFPB

The FTC has sent its annual letter to the CFPB reporting on the FTC’s activities related to compliance with the Equal Credit Opportunity Act and Regulation B. The FTC has authority to enforce the ECOA and Reg B as to...more

2/11/2016 - CFPB ECOA Fair Lending FTC Lead Generators Regulation B

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

CFPB files amicus brief in Seventh Circuit FDCPA case

The CFPB, together with the FTC, has filed an amicus brief in Franklin v. Parking Revenue Recovery Services, Inc., an FDCPA case pending in the Seventh Circuit. The CFPB joined the brief at the request of the FTC, which had...more

12/18/2015 - Amicus Briefs CFPB FDCPA FTC Transaction Fees

FTC provides advice to consumers on communicating with debt collectors

In a recent blog post, Dan Dwyer, a Staff Attorney with the FTC’s Division of Financial Practices, provided advice to assist consumers in communicating with a debt collector when the consumer does not recognize the debt. The...more

12/11/2015 - CFPB Credit Reports Debt Collectors Dispute Resolution FTC

Company prevails in challenge to FTC data security complaint

As we have previously observed, 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...more

12/2/2015 - ALJ CFPB Cybersecurity Dodd-Frank FTC LabMD Popular Section 5

FTC announces “Operation Collection Protection”

Last week, the FTC announced a new coordinated effort against unlawful debt collection practices, “Operation Collection Protection.” The FTC also announced that federal, state and local law enforcement agencies have brought...more

11/10/2015 - Consumer Lenders Debt Collection FTC Strategic Enforcement Plan UDAAP

CFPB to participate in FTC Atlanta debt collection program

The CFPB will be participating in the FTC’s third “Debt Collection Dialogue” to be held in in Atlanta, Georgia on November 18, 2015. Gregory Nodler, CFPB Senior Counsel for Enforcement Policy and Strategy, is scheduled to be...more

10/22/2015 - Best Practices CFPB Compliance Consumer Complaint System Debt Collection Enforcement Actions FTC OCC Regulatory Agenda

FTC releases agenda and panelists for lead generation workshop

The FTC has released the agenda and panelists for the workshop it will be holding on October 30, 2015 in Washington, D.C. on lead generation. According to the agenda, the workshop will include case studies on how lead...more

10/20/2015 - CFPB Consumer Lenders DOE Financial Institutions FTC Lending Safer Consumer Product Regulations

FTC Dallas debt collection program draws a crowd

The FTC has announced that it is moving its second “Debt Collection Dialogue,” scheduled to be held in Dallas, Texas on September 29, 2015, to a larger venue. The FTC is moving to the larger venue because the number of...more

9/3/2015 - CFPB Debt Debt Collection Debt Collectors Delinquent Borrowers Financial Institutions FTC

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 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 Institutions FTC

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

CFPB to participate in Dallas FTC debt collection program

The CFPB will be participating in the FTC’s second “Debt Collection Dialogue” to be held in Dallas, Texas on September 29, 2015. Gregory Nodler, CFPB Senior Counsel for Enforcement Policy and Strategy, is scheduled to be a...more

8/7/2015 - Best Practices CFPB Compliance Consumer Lenders Debt Collection Debt Collectors Enforcement Actions Financial Institutions FTC Regulatory Standards

FTC to hold workshop on lead generation

The Federal Trade Commission will be holding a workshop in Washington, D.C. onOctober 30, 2015 to explore the growing use of online lead generation in various industries, including consumer lending. The workshop is free and...more

7/24/2015 - CFPB Civil Investigation Demand Consumer Financial Products Consumer Lenders FTC Unfair or Deceptive Trade Practices

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 Truth in Lending Act (TILA)

CFPB to participate in debt collection program with FTC and NY regulators

The CFPB will be participating in a “Debt Collection Dialogue” to be hosted by the FTC and the New York AG on June 15, 2015 in Buffalo, NY. Greg Nodler, CFPB Senior Counsel for Enforcement Policy and Strategy, is scheduled to...more

6/4/2015 - CFPB Consumer Lenders Debt Collection FTC Public Meetings

FTC sends ECOA report to CFPB

The FTC recently sent a letter to the CFPB reporting on the FTC’s 2014 activities related to compliance with the Equal Credit Opportunity Act and Regulation B. Although the FTC has authority to enforce the ECOA and Reg B as...more

2/19/2015 - CFPB ECOA FTC Nonbank Firms Regulation B

FTC touts partnership with CFPB in annual debt collection report

In the FTC’s 2014 annual letter to the CFPB summarizing the FTC’s debt collection activities, the FTC describes the CFPB as a “valuable partner” with whom the FTC anticipates an “even stronger [partnership] in the...more

2/11/2015 - CFPB Debt Collection FDCPA FTC Rulemaking Process

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 Truth in Lending Act (TILA)

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