Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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CFPB amends commentary on adjustments to exemption thresholds; makes no changes to 2017 thresholds

The CFPB has adopted changes to its Reg Z commentary to memorialize the calculation methods used each year to adjust the thresholds for exempt consumer credit transactions and for transactions exempt from the special...more

11/29/2016 - Appraisal Banking Sector CFPB Consumer Price Index Dodd-Frank Exemptions Financial Transactions Mortgages Regulation M Regulation Z Threshold Requirements Truth in Lending Act (TILA)

CFPB issues report on servicemember complaints

A new CFPB report, “A snapshot of servicemember complaints,” focuses on issues related to VA mortgage refinancing. The report indicates that as of November 1, 2016, the CFPB had received over 12,500 mortgage complaints...more

11/14/2016 - Banking Sector CFPB Consumer Complaint System Military Service Members Mortgages Refinancing Underwriting Veterans

What the PHH decision means for the CFPB’s UDAAP authority

In addition to its implications for CFPB rulemaking, the D.C. Circuit’s decision in PHH Corporation v. CFPB has significant implications for the CFPB’s authority to enforce federal consumer financial protection laws as well...more

11/4/2016 - Administrative Proceedings ALJ CFPB Constitutional Challenges Dodd-Frank EFTA HUD Mortgages PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statute of Limitations Statutory Interpretation Truth in Lending Act (TILA) UDAAP

CFPB October 2016 complaint report highlights prepaid card complaints, complaints from North Carolina consumers

The CFPB has issued its October 2016 complaint report which highlights complaints about prepaid cards and complaints from consumers in North Carolina and the Charlotte metro area.  The CFPB began taking prepaid card...more

10/27/2016 - CFPB Consumer Complaint Database Consumer Financial Products Credit Cards Debt Collection Financial Sector Mortgages Online Marketplace Lending Payday Loans Prepaid Payment Products Real Estate Market Student Loans

CFPB September 2016 complaint report highlights money transfer complaints, complaints from Pennsylvania consumers

The CFPB has issued its September 2016 complaint report which highlights complaints about money transfers and complaints from consumers in Pennsylvania and the Philadelphia metro area.  The CFPB began taking money transfer...more

9/28/2016 - Banking Sector CFPB Consumer Complaint System Consumer Financial Products Consumer Lenders Credit Reporting Agencies Debt Collection Money Transfer Mortgages Online Marketplace Lending Payday Loans Student Loans

Director Cordray Responds To Letter from Senators Seeking Tailored Rulemaking for Community Banks and Credit Unions

Last month, a bipartisan group of 70 senators were signatories to a letter sent to Consumer Financial Protection Bureau (CFPB) Director Richard Cordray urging the CFPB to “carefully tailor its regulations to match the unique...more

9/6/2016 - Banking Sector Banks CFPA CFPB Community Banks Consumer Financial Products Covered Person Credit Unions Dodd-Frank Exemptions Financial Institutions HMDA HOEPA Mortgages Qualified Mortgage Rule Real Estate Market Regulatory Oversight Richard Cordray Rural Areas SBREFA

GAO Issues Report on CFPB SBREFA Panels

The Government Accountability Office (GAO) has issued a report on the Consumer Financial Protection Bureau's (CFPB) use of Small Business Regulatory Enforcement Fairness Act (SBREFA) panels in its rulemaking process. The...more

8/23/2016 - Banking Sector CFPB GAO HMDA Mortgages Rulemaking Process SBREFA Small Business TILA-RESPA Integrated Disclosure Rule (TRID)

GAO issues report on CFPB SBREFA panels

The Government Accountability Office has issued a report on the CFPB’s use of Small Business Regulatory Enforcement Fairness Act (SBREFA) panels in its rulemaking process. The report, “Observations from Small Business Review...more

8/17/2016 - Arbitration Banking Sector CFPB Consumer Lenders Debt Collection GAO HMDA Loan Originator Compensation Rule Mortgage Loan Originators Mortgage Servicers Mortgages Online Marketplace Lending Payday Loans SBREFA Small Business TILA-RESPA Integrated Disclosure Rule (TRID)

CFPB July 2016 complaint report highlights credit card complaints, complaints from Washington consumers

CFPB has issued its July 2016 complaint report which highlights complaints about credit cards and complaints from consumers in Washington and the Seattle metro area. The CFPB began taking credit card complaints on July 21,...more

7/28/2016 - Banking Sector CFPB Consumer Complaint Management Consumer Financial Products Consumer Lenders Credit Cards Debt Collection Mortgages Online Marketplace Lending Payday Loans Student Loans

CFPB touts initiatives in “fact sheets”

To commemorate its fifth anniversary, the CFPB released a series of “fact sheets” touting its initiatives. The “fact sheets” consist of the following: CFPB: By the numbers. The CFPB lists various statistics, such as...more

7/26/2016 - Automotive Loans Banking Sector Banks CFPB Civil Monetary Penalty Consumer Complaint Management Debt Collection Debt Relief Discriminatory Lending Practices Enforcement Actions Mortgages Popular RESPA Student Loans

CFPB to Hold Second Research Conference

The Consumer Financial Protection Bureau (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.)...more

7/25/2016 - Banking Sector Borrowers CFPB Consumer Financial Products Consumer Lenders Financial Institutions Mortgages Student Loans

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

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