Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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CFPB enters into consent order with auto title lender

The CFPB announced that it has entered into a consent order with TMX Finance, LLC to settle allegations that the company did not provide sufficient information to consumers about the terms of auto title loans, pawns or...more

9/27/2016 - Advertising Automotive Industry Automotive Loans Banking Sector CFPA CFPB Consumer Financial Products Consumer Lenders Contract Terms Debt Collection Disclosure Requirements Title Loans Truth in Lending Act (TILA)

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

CFPB sues credit repair company

The CFPB announced that it has filed a lawsuit in a California federal district court against a credit repair company for alleged violations of the Consumer Financial Protection Act (CFPA) and Telemarketing Sales Rule (TSR)....more

9/26/2016 - CFPA CFPB Credit Repair Services Credit Reports Debt Settlement Services Enforcement Actions Fees Telemarketing Sales Rule

CFPB announces enforcement actions against auto title lenders

The CFPB announced that it has filed administrative enforcement actions against five Arizona auto title lenders for alleged violations of Truth in Lending Act advertising requirements. According to the CFPB, the lenders...more

9/23/2016 - Advertising Automotive Industry Automotive Loans Banking Sector CFPB Comment Period Consumer Financial Products Consumer Lenders Interest Rates Online Marketplace Lending Payday Loans Title Loans Truth in Lending Act (TILA) Websites

House Committee approves Dodd-Frank replacement bill

By a vote of 30-26 earlier this week, the House Financial Services Committee approved the “The Financial CHOICE Act of 2016” (H.R. 5983), the bill released in July 2016 by Committee Chairman Jeb Hensarling to replace the...more

9/15/2016 - Arbitration Arbitration Agreements Automotive Loans CFPB Consumer Financial Products Dodd-Frank Financial Services Committee Financial Services Industry Legislative Agendas Native American Issues Online Marketplace Lending Payday Loans Proposed Legislation Regulatory Oversight Tribal Loans

CFPB Community Bank Advisory Council to meet Sept. 29

The CFPB has published a notice in the Federal Register announcing that a meeting of its Community Bank Advisory Council (CBAC) will be held on September 29, 2016. The notice indicates that the CBAC will discuss youth...more

9/14/2016 - Banking Sector Banks CFPB Community Banks Debt Collection Financial Institutions

CBA President lists “Five Things the CFPB Should Do To Be More Widely Respected”

Richard Hunt, the President and CEO of the Consumer Bankers Association, recently published on his blog a list of “Five Things the CFPB Should Do To Be More Widely Respected.”   Mr. Hunt’s list consists of the following...more

9/12/2016 - Banking Sector Banks CFPB Consumer Complaint System Consumer Financial Products Federal Student Loans Financial Institutions Regulatory Oversight

CFSA FOIA request to CFPB yields positive comments from payday loan customers

The Consumer Financial Services Association of America (CFSA) issued a statement in which it reported that documents it received from the CFPB in response to a Freedom of Information (FOIA) request filed on December 31, 2015...more

9/9/2016 - Banking Sector CFPB Consumer Complaint System Consumer Financial Products Consumer Lenders FOIA Internet Lenders Online Marketplace Lending Payday Loans

CFPB issues report on achieving youth financial capability

The CFPB has issued a report that describes a new “developmentally informed, skills-based model” for helping youth achieve financial capability. Entitled “Building blocks to help youth achieve financial capability,” the...more

9/8/2016 - Banking Sector CFPB Financial Education Initiatives Financial Institutions Financial Literacy

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

CFPB August 2016 complaint report highlights bank account or service complaints, complaints from Ohio consumers

The CFPB has issued its August 2016 complaint report which highlights complaints about bank accounts or services and complaints from consumers in Ohio and the Columbus metro area.  The CFPB began taking bank account or...more

9/1/2016 - Bank Accounts Banking Sector Banks CFPB Consumer Complaint System Credit Unions Deposit Accounts Overdraft Fees Promotional Items

SBA Office of Advocacy to host Sept. 14 roundtable on CFPB payday loan proposal

The Small Business Administration’s Office of Advocacy will host a roundtable in London, Kentucky on September 14, 2016 on the CFPB’s proposed payday loan rule. As the Office of Advocacy is an independent office within the...more

9/1/2016 - Ability-to-Repay Banking Sector CFPB Consumer Financial Products Consumer Lenders Online Marketplace Lending Payday Loans Roundtable SBA SBREFA Small Business Small Entity Representatives (SERs)

Debt collection SBREFA panel meets with SERs

It has been reported that the SBREFA panel for the CFPB’s debt collection rulemaking met last week with small entity representatives (SER).  In anticipation of convening the panel, the CFPB issued an outline of the proposals...more

8/30/2016 - Banking Sector CFPB Debt Collection Debt Collectors SBREFA Small Business Small Entity Representatives (SERs)

CFPB and OCC settles claims of alleged unlawful practices for credit card add-on products

The CFPB announced that it has entered into a consent order with First National Bank of Omaha to settle charges that the bank engaged in unfair or deceptive acts or practices in connection with the marketing and sale of...more

8/29/2016 - Add-ons Banking Sector Banks CFPA CFPB Civil Monetary Penalty Consent Order Credit Cards Enforcement Actions Fees Financial Services Industry First National Misrepresentation OCC Restitution UDAAP

Chamber files amicus brief in support of challenge to CFPB jurisdiction

The Chamber of Commerce of the United States of America (Chamber) has filed an amicus brief opposing the CFPB’s petition filed in the Eastern District of Pennsylvania to enforce its civil investigative demand (CID) issued to...more

8/26/2016 - Amicus Briefs Annuities CFPB Chamber of Commerce Civil Investigation Demand Dodd-Frank Financial Sector J.G. Wentworth LLC (JGW) Structured Settlements Truth in Lending Act (TILA) UDAAP

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 Director Cordray urging the CFPB to “carefully tailor its regulations to match the unique nature of community banks and credit unions.” In...more

8/23/2016 - Banking Sector Banks CFPA CFPB Community Banks Consumer Financial Products Credit Unions Dodd-Frank Financial Institutions Regulatory Oversight Richard Cordray

CFPB announces new appointments to advisory groups

The CFPB has announced the appointment of new members to its Consumer Advisory Board, Community Bank Advisory Council, Credit Union Advisory Council, and Academic Research Council. In January 2016, the CFPB published a...more

8/23/2016 - Advisory Board CFPB Community Banks Consumer Advisory Board Credit Unions Financial Services Industry

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)

CFPB Credit Union Advisory Council to meet Sept. 1

The CFPB has published a notice in the Federal Register announcing that a meeting of its Credit Union Advisory Council (CUAC) will be held on September 1, 2016. The notice indicates that the CUAC will discuss youth financial...more

8/17/2016 - Banking Sector CFPB Credit Unions Debt Collection Federal Register SBREFA

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)

House defeats amendment to 2017 appropriations bill striking requirements for CFPB arbitration rule

By a vote of 236-181, the House of Representatives rejected an amendment offered by two Democratic Congressman to H.R. 5485, the Financial Services and General Government Appropriations Act, which covers appropriations for...more

8/16/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Dodd-Frank Financial Sector Financial Services Industry Mandatory Arbitration Clauses Proposed Legislation Service Contracts U.S. House

D.C Circuit rejects constitutional challenge to SEC’s use of administrative law judges

A challenge to the constitutionality of the SEC’s use of administrative law judges (ALJ) was rejected by the U.S. Court of Appeals for the D.C. Circuit. In Raymond J. Lucia Companies, Inc. et al. v. Securities and Exchange...more

8/11/2016 - Administrative Proceedings ALJ Appeals Appointments Clause Article II Enforcement Actions Investment Advisers Act of 1940 Sanctions SEC

Fed to host conference on financial innovation

While the CFPB has indicated it will be monitoring FinTech innovations, it has not yet held a public event devoted to FinTech or financial innovation. Both the FTC and OCC have already held such events this year and now the...more

8/10/2016 - Banking Sector CFPB Financial Institutions FinTech Innovative Technology Popular Technology Sector

CFPB issues 2016 Plain Writing Act Compliance Report

The CFPB has issued its 2016 Plain Writing Act Compliance Report. Under the PWA, federal “executive agencies,” including the CFPB, are required to use plain language in documents that: are necessary for obtaining information...more

8/5/2016 - CFPB Financial Services Industry Information Reports Regular Business Communications

CFPB previews debt collection rule in SBREFA outline

The CFPB has moved a step closer to issuing a debt collection rule by releasing an outline of the proposals it is considering in preparation for convening a small business review panel. The Small Business Regulatory...more

8/1/2016 - CFPB Debt Buyers Debt Collection Debt Collectors Dodd-Frank FDCPA Financial Sector SBREFA Small Business Third-Party Service Provider Time-Barred Debt

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