Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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CFPB to hold second research conference

The CFPB has announced that it plans to host its second research conference on consumer finance on December 15-16, 2016. (The first such conference was held in May 2015.) The announcement contains a call for complete...more

7/19/2016 - Banking Sector Borrowers CFPB Consumer Financial Products Consumer Lenders Financial Institutions Financial Markets Market Research Mortgages Student Loans

CFPB and DOJ settle fair lending claims involving allegations of redlining, discretionary underwriting and pricing, and overt...

The CFPB and DOJ recently announced a proposed consent order with BancorpSouth Bank to settle charges that the bank’s mortgage lending practices violated the Fair Housing Act and the Equal Credit Opportunity Act....more

7/11/2016 - CFPB Consent Order Discrimination DOJ ECOA Fair Housing Act (FHA) Fair Lending Mortgage Lenders Mortgages Race Discrimination Redlining

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 to host June 22 eRegulations webinar

On June 22, 2016, the CFPB will host a webinar on recent updates to its eRegulations tool.  Acting Deputy Director David Silberman will be a webinar speaker. eRegulations is a tool available on the CFPB’s website that can be...more

6/13/2016 - Banking Sector CFPB HMDA Mortgages Regulation C Regulation DD Regulation Z Truth in Lending Act (TILA) Truth in Savings Act Webinars

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

CFPB May 2016 complaint report highlights credit reporting complaints, complaints from New Mexico consumers

The CFPB has issued its May 2016 complaint report which highlights complaints about credit reporting  and complaints from consumers in New Mexico and the Albuquerque metro area.  The CFPB began taking complaints about credit...more

5/26/2016 - CFPB Consumer Complaint System Consumer Financial Products Consumer Reporting Agencies Credit Reports Debt Collection Financial Institutions Financial Sector Mortgages Online Marketplace Lending Payday Loans Student Loans

Our thoughts on “Ask CFPB”

In a new blog post, the CFPB promotes its “Ask CFPB” website feature as “a source of clear, impartial answers to hundreds of financial questions.” We agree that the feature can be a source of potentially helpful...more

5/17/2016 - Arbitration Bank Accounts CFPB Credit Reports Debt Collection Mortgages Student Loans

CFPB April 2016 Complaint Report Highlights Mortgage Complaints, Complaints From California Consumers

The Consumer Financial Protection Bureau (CFPB)has issued its April 2016 complaint report which highlights complaints about mortgages and complaints from consumers in California. The CFPB began taking complaints about...more

5/16/2016 - Banking Sector CFPB Consumer Complaint System Consumer Financial Products Mortgage Lenders Mortgage Servicers Mortgages

CFPB issues 2015 fair lending report

The CFPB has issued a report covering its fair lending activities during 2015.  The report states that in 2015, CFPB fair lending supervisory and public enforcement actions required institutions to provide approximately $108...more

5/3/2016 - Banking Sector CFPB Discrimination DOJ ECOA Fair Lending Financial Institutions HMDA HUD Memorandum of Understanding Mortgage Lenders Mortgages Reporting Requirements

CFPB April 2016 complaint report highlights mortgage complaints, complaints from California consumers

The CFPB has issued its April 2016 complaint report which highlights complaints about mortgages and complaints from consumers in California.  The CFPB began taking complaints about mortgages in December 2011....more

4/28/2016 - CFPB Consumer Complaint System Debt Collection Financial Services Industry Mortgage Servicers Mortgages Popular

Ninth Circuit rejects Director Cordray’s recess appointment as defense to CFPB enforcement action; dissenting judge disagrees

Since it was filed in a California federal court in July 2012, we have been following CFPB v. Chance Edward Gordon, a case in which the CFPB alleged that an attorney duped consumers by falsely promising loan modifications in...more

4/20/2016 - Canning v NLRB CFPA CFPB Dodd-Frank Fees Loan Modifications Mortgages Recess Appointments Regulation O Richard Cordray

Constitutionality of CFPB structure at issue in D.C. Circuit oral argument

The constitutionality of the CFPB’s structure was front and center at this past Tuesday’s oral argument in PHH Corporation et al. v. CFPB before the U.S. Court of Appeals for the D.C. Circuit. The case involves PHH’s appeal...more

4/14/2016 - ALJ Appeals Banking Sector CFPB Enforcement Actions Mortgages Popular Referral Fees RESPA Section 8 Separation of Powers

CFPB releases 2015 complaint report

The CFPB’s Consumer Response Annual Report analyzing complaints handled in 2015 indicates that volume rose 8% from 250,700 complaints in 2014 to 271,600 in 2015. The report provides data on the most common types of complaints...more

4/6/2016 - Annual Reports CFPB Consumer Complaint System Consumer Financial Products Debt Collection Mortgages Popular

CFPB issues fourth annual report on servicemember complaints

The CFPB’s Office of Servicemember Affairs released its fourth annual report highlighting complaints submitted in 2015 by servicemembers, veterans, and their families. The report states that in 2015, the CFPB received...more

3/24/2016 - Annual Reports CFPB Consumer Complaint Management Credit Reports Debt Collection Military Service Members Mortgages Veterans

Money transfer complaints highlighted in CFPB December 2015 complaint report

The CFPB has issued its December 2015 complaint report which highlights money transfer complaints and complaints from consumers in Georgia and the Atlanta metro area. General findings include the following: As of...more

12/28/2015 - CFPB Consumer Complaint System Debt Collection Money Transfer Mortgages

CFPB Makes No Change to Exemption Thresholds for Appraisal Requirement, Regs Z, M

The CFPB has published notices in the Federal Register announcing that it is making no change to three exemption thresholds that are subject to annual inflation adjustments. Effective January 1, 2016, through December 31,...more

12/8/2015 - Appraisal Clauses CFPB Inflation Adjustments Mortgages Regulation M Regulation Z Threshold Requirements

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 Highlights Mortgage Complaints in Third Monthly Complaint Report

The CFPB has issued its September 2015 complaint report, the third in its new series of monthly complaint reports. The new report spotlights mortgage complaints and complaints from consumers in the Denver, Colorado, metro...more

9/25/2015 - CFPB Consumer Complaint System Consumer Financial Products Credit Reporting Agencies Debt Collection Financial Institutions Foreclosure Loan Modifications Mortgage Lenders Mortgage Servicers Mortgages

CFPB highlight mortgage complaints in third monthly complaint report

The CFPB has issued its September 2015 complaint report, the third in its new series of monthly complaint reports. The new report spotlights mortgage complaints and complaints from consumers in the Denver, Colorado metro...more

9/23/2015 - CFPB Consumer Complaint Management Consumer Financial Products Consumer Lenders Debt Collection Financial Institutions Foreclosure Loan Modifications Mortgage Lenders Mortgage Servicers Mortgages Payday Loans

No deference for CFPB amicus brief from Ninth Circuit

Many readers probably remember Edwards v. First American Financial Corp. for its ill-fated journey to the U.S. Supreme Court. The Supreme Court had granted certiorari to decide the issue of whether a plaintiff who brings a...more

8/28/2015 - Amicus Briefs Article III Certiorari CFPB Consumer Lenders Financial Institutions Kickbacks Mortgage Brokers Mortgage Lenders Mortgages RESPA Safe Harbors SCOTUS Standing Statutory Damages Title Companies

CFPB issues second monthly complaint report

The CFPB has issued its August 2015 complaint report, the second in its new series of monthly complaint reports. When it announced the launch of the new reports last month, the CFPB stated that each report would spotlight a...more

8/28/2015 - Banking Sector Banks CFPB Consumer Complaint System Consumer Lenders Financial Institutions Mortgage Lenders Mortgage Servicers Mortgages

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

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