Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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FTC sends letter to CFPB on 2016 debt collection activities

The FTC has sent a letter to the CFPB summarizing the FTC’s debt collection activities in 2016.  The letter is intended to provide the CFPB with information for its annual report to Congress on the federal government’s FDCPA...more

2/16/2017 - CFPB Debt Collection Debt Collectors FDCPA Financial Sector FTC Payday Loans

Plaintiffs in another case challenging CFPB’s constitutionality move to intervene in PHH case

The plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew have filed a “Motion To Intervene In Any En Banc Proceeding That May Be Granted” in the PHH case. The motion follows the D.C. federal district court’s...more

2/16/2017 - Administrative Proceedings Banking Sector Banks Case Consolidation CFPB Constitutional Challenges Dodd-Frank En Banc Review Motion To Intervene PHH Corp. v CFPB Popular Removal For-Cause RESPA Richard Cordray Single Director Statutory Interpretation Summary Judgment

CFPB Consumer Advisory Board to meet March 2

The CFPB has published a notice in the Federal Register announcing that a meeting of its Consumer Advisory Board will be held on March 2, 2017. The notice indicates that the Board will discuss the consumer credit information...more

2/15/2017 - CFPB Consumer Advisory Board Consumer Complaint Management Consumer Credit Protection Enforcement Actions Financial Markets Financial Sector Request For Information

FTC sends 2016 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

2/14/2017 - Automotive Industry Banking Sector Big Data Car Dealerships CFPB DOJ ECOA Fair Lending Financial Services Industry Financing FTC HUD Low-Income Issues Regulation B

OIRA guidance confirms executive order to reduce regulations does not apply to independent agencies

Interim Guidance issued by the Office of Information and Regulatory Affairs (OIRA) to implement President Trump’s executive order entitled “Reducing Regulation and Controlling Regulatory Costs” confirms that the order does...more

2/9/2017 - CFPB Deregulation Executive Orders Interim Guidance OIRA PHH Corp. v CFPB Regulatory Agencies Regulatory Oversight Rulemaking Process Trump Administration Two For One Rule

CFPB January 2017 complaint report highlights mortgage complaints, complaints from Tennessee consumers

The CFPB has issued its January 2017 complaint report that highlights mortgage complaints.  The report also highlights complaints from consumers in Tennessee and the Memphis and Nashville metro areas....more

2/9/2017 - CFPB Consumer Complaint Database Consumer Financial Products Credit Reports Debt Collection Financial Sector Mortgages Online Marketplace Lending Payday Loans Prepaid Payment Products Real Estate Market Student Loans

D.C. Circuit hears oral argument on CFPB authority to issue CID to college accrediting organization

Last week, the D. C. Circuit held oral argument in the CFPB’s appeal from the D.C. federal district court’s April 2016 ruling that the CFPB exceeded its statutory authority when it issued a CID to the Accrediting Council for...more

2/8/2017 - Accreditation Appeals CFPA CFPB Civil Investigation Demand Colleges Educational Institutions Jurisdiction Section 1031 Unfair or Deceptive Trade Practices

CFPB and Virginia AG settle claims against pawnbroker for alleged TILA/CFPA/VA law violations

The CFPB and the Virginia Attorney General announced that they had entered into a proposed consent order with  Woodbridge Coins and Jewelry Exchange, Inc., a Virginia-based pawnbroker, to settle a lawsuit filed in a Virginia...more

2/6/2017 - Banking Sector CFPA CFPB Consent Order Disclosure Requirements Enforcement Actions Finance Charges Pawnbrokers Regulation Z Restitution Truth in Lending Act (TILA)

D.C. Circuit denies motions to intervene in PHH case

The D.C. Circuit panel that issued the PHH decision last October has issued a per curiam order denying the three motions to intervene that were filed in the case last month....more

2/3/2017 - Administrative Proceedings Attorney Generals Banking Sector CFPB Constitutional Challenges Dodd-Frank Motion To Intervene PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation

Text of Senate bill released to replace CFPB leadership with five-person board

Last month, we blogged about reports that a bill (S. 105) has been introduced by three Republican Senators to change the CFPB’s single-director leadership structure to a five-person commission....more

2/2/2017 - Administrative Proceedings Banking Sector CFPB Dodd-Frank Proposed Legislation Single Director

PHH opposes motion to intervene filed by Democratic lawmakers

PHH has filed a response in opposition to the motion filed with the D.C. Circuit by Democratic lawmakers Senator Sherrod Brown and Representative Maxine Waters to intervene in the PHH appeal.  The lawmakers are, respectively,...more

2/2/2017 - Administrative Proceedings Article III Banking Sector CFPB Constitutional Challenges Dodd-Frank Motion To Intervene PHH Corp. v CFPB Removal For-Cause RESPA Single Director Standing Statutory Interpretation

CFPB files complaint alleging defendants ran unlawful debt relief operation

The CFPB has filed a complaint in a California federal district court against three law firms and two individual attorneys alleging that they offered debt relief services to consumers in violation of the Telemarketing Sales...more

1/31/2017 - CFPA CFPB Civil Monetary Penalty Commercial Bankruptcy Consumer Bankruptcy Consumer Contracts Debt Relief Debt Settlement Services Debt-Relief Industry Enforcement Actions Fees Financial Services Industry Permanent Injunctions Redress Payments Restitution Stipulated Judgment Telemarketing Sales Rule

President Trump signs executive order to reduce regulations; application to CFPB doubtful

President Trump has signed an executive order entitled “Reducing Regulation and Controlling Regulatory Costs.” Like the regulatory freeze memo issued on Inauguration Day by Reince Priebus, the President’s Chief of Staff,...more

1/31/2017 - Banking Sector CFPB Executive Orders PHH Corp. v CFPB Regulatory Oversight Trump Administration

PHH files supplemental response to CFPB’s rehearing petition; opposes state AGs’ motion to intervene

This past Friday, PHH filed a supplemental response to the CFPB’s petition for en banc rehearing and a response opposing the motion filed by Democratic Attorneys General of 16 states and the District of Columbia to intervene...more

1/31/2017 - Administrative Proceedings Attorney Generals Banking Sector CFPA CFPB Constitutional Challenges Dodd-Frank Financial Services Committee Motion To Intervene PHH Corp. v CFPB Removal For-Cause RESPA Senate Banking Committee Single Director Statutory Interpretation

Democratic lawmakers, consumer advocacy groups seek to intervene in PHH appeal

This past Monday, the Democratic Attorneys General of 16 states and the District of Columbia filed a motion with the D.C. Circuit seeking to intervene in the PHH appeal. Today, two more motions to intervene were filed. One...more

1/27/2017 - Administrative Proceedings Banking Sector CFPB Constitutional Challenges Dodd-Frank Financial Services Committee Motion To Intervene PHH Corp. v CFPB Removal For-Cause RESPA Senate Banking Committee Single Director Statutory Interpretation Trump Administration

Fed to hold Feb. 2 consumer compliance webinar

On February 2, 2017 at 2 p.m. ET, the Federal Reserve will host a free webinar for bankers to provide a consumer compliance regulatory update. ...more

1/27/2017 - Banking Sector Banks Federal Reserve Regulatory Oversight Webinars

Democratic state AGs seek to intervene in PHH appeal

The Democratic Attorneys General of 16 states and the District of Columbia have filed a motion with the D.C. Circuit seeking to intervene in the PHH appeal.  The states are Connecticut, Delaware, Hawaii, Illinois, Iowa,...more

1/26/2017 - Administrative Proceedings Attorney Generals Banking Sector CFPB Constitutional Challenges Dodd-Frank Motion To Intervene PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation Trump Administration

Independent audit recommends updates to CFPB privacy policies

The CFPB has released a report for 2016 prepared by KPMG LLP of its independent audit of selected CFPB operations and budget.  An annual independent audit is required by the Dodd-Frank Act.  The report dated December 16, 2016...more

1/26/2017 - Audits Banking Sector CFPB Dodd-Frank Privacy Policy

ABA highlights error in cost of credit calculation method used in CFPB’s proposed payday loan rule

At the meeting earlier this month of the American Bar Association’s Consumer Financial Services Committee in Carlsbad, CA, attention was given to an issue highlighted by the American Bankers Association in the comment letter...more

1/23/2017 - Ability-to-Repay American Bankers Association American Bar Association (ABA) Annual Percentage Rate (APR) Automotive Loans Banking Sector CFPB Consumer Financial Products Consumer Lenders Online Marketplace Lending Payday Loans Regulation Z Title Loans

Court reported to reject request of plaintiffs in another case challenging CFPB’s constitutionality for consolidation with PHH

According to a Law360 report, the D.C. federal district court has denied the request of the plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew, et al. to consolidate their case with PHH on appeal to the...more

1/20/2017 - Administrative Proceedings Banking Sector Banks Case Consolidation CFPB Constitutional Challenges Dodd-Frank PHH Corp. v CFPB Removal For-Cause RESPA Single Director Statutory Interpretation Summary Judgment

CFPB previews company portal update

The CFPB has released an overview of an updated online company portal for viewing and responding to consumer complaints that it plans to launch in early 2017. The overview is intended to serve “only as a first glance at...more

1/19/2017 - Banking Sector CFPB Consumer Complaint System Consumer Financial Products Financial Services Industry Portal Training Webinars

Democratic leadership plans to oppose change in CFPB structure

As Inauguration Day approaches, the rhetoric about the CFPB’s future continues to heat up.  American Banker reported that, on a conference call with reporters earlier this week, Senate Minority Leader Charles Schumer stated...more

1/19/2017 - Banking Sector CFPB Constitutional Challenges Dodd-Frank Financial Services Committee Proposed Legislation Regulatory Oversight Single Director Trump Administration

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