Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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CFPB’s claims under CFPA survive challenge by for-profit education company but TILA claim held to be time-barred

An Indiana federal court recently granted in part and denied in part the motion of ITT Educational Services, Inc. to dismiss the CFPB’s complaint. As we previously reported, the CFPB’s complaint alleged that ITT engaged in...more

3/19/2015 - CFPA CFPB For Profit Education TILA Tuition

CFPB proposes temporary suspension of TILA requirement for credit card issuers to submit card agreements quarterly

The CFPB has issued a proposal to suspend for one year the Truth in Lending Act/Regulation Z requirement for issuers of open-end credit cards to send their credit card agreements to the CFPB quarterly for posting in a public...more

2/26/2015 - CFPB consumer Consumer Financial Products Credit Cards Public Disclosure Regulation Z TILA

Update on state AGs/regulator lawsuits using Dodd-Frank authority

Below is an update on the lawsuits we have been following that state attorneys general and a state regulator have brought using their Dodd-Frank enforcement authority. Under Dodd-Frank Section 1042, a state AG or regulator is...more

1/28/2015 - Automotive Loans CFPA Consumer Lenders Dodd-Frank Enforcement Actions Experian For Profit Colleges Popular Subprime Mortgages TILA UDAAP Unfair Trade Practices Act

CFPB adjusts HMDA/TILA asset-size exemption thresholds

Adjustments to two asset-size exemption thresholds were published by the CFPB in today’s Federal Register. First, the CFPB has increased the asset-size exemption threshold under HMDA/Regulation C which is currently set at $43...more

12/29/2014 - Banks CFPB Credit Unions Exemptions HMDA TILA

NY regulator settles lawsuit filed using Dodd-Frank authority

A settlement has been announced in the lawsuit filed by Benjamin Lawsky, the Superintendent of the New York Department of Financial Services, using his Dodd-Frank Section 1042 authority. Section 1042 allows state attorneys...more

12/24/2014 - Automotive Industry Automotive Loans Civil Monetary Penalty Consent Order Dodd-Frank TILA Unfair or Deceptive Trade Practices

CFPB issues sixth Semi-Annual Report

The CFPB has issued its sixth Semi-Annual Report to the President and Congress covering the period from April 1 through September 30, 2014. As we have found with previous CFPB semi-annual reports, despite its 188-page...more

12/9/2014 - Annual Reports CARD Act CFPB EFTA Enforcement Actions TILA

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 TILA

CFPB and Fed announce increases in Regs Z and M 2015 dollar thresholds

The CFPB and Fed have announced increases in the dollar thresholds in Regulation Z (Truth in Lending Act) and Regulation M (Consumer Leasing Act) for exempt consumer credit and lease transactions. The adjustments reflect the...more

9/11/2014 - Automotive Industry Car Dealerships CFPB Dodd-Frank Federal Reserve Motor Vehicles Regulation M Regulation Z TILA

CFPB publishes annual CARD Act, HOEPA and QM adjustments

The CFPB has published a final rule regarding various annual adjustments it is required to make under provisions of Regulation Z (TILA) that implement the CARD Act, HOEPA, and the ability to repay/qualified mortgage...more

8/19/2014 - CARD Act CFPB Dodd-Frank Final Rules HOEPA Qualified Mortgage Rule Regulation Z TILA

CFPB adjusts HMDA data collection and TILA mortgage escrow thresholds

In notices published in yesterday’s Federal Register, the CFPB adjusted the thresholds of the asset-size exemptions for collecting HMDA data and establishing an escrow account for certain mortgage loans under TILA. ...more

12/31/2013 - Banks CFPB Creditors Escrow Accounts Exemptions HMDA Mortgage Escrow Account Mortgages Regulation Z TILA

CFPB issues annual CARD Act and HOEPA adjustments

The CFPB has issued a final rule regarding annual adjustments it is required to make under provisions of Regulation Z (TILA) that implement the CARD Act and HOEPA. The adjustments made by the final rule are effective January...more

12/19/2013 - CARD Act CFPB Consumer Price Index HOEPA TILA

CFPB releases compliance costs report

The CFPB recently released a report on the operational costs of regulatory compliance. The 176-page report is entitled “Understanding the Effects of Certain Deposit Regulations on Financial Institutions’ Operations: Findings...more

12/3/2013 - Banks CFPB Checking Accounts Compliance Costs Debit Cards FCRA Gramm-Leach-Blilely Act Overdraft Fees TILA

CFPB to hold mortgage field hearing on November 20

The CFPB has announced that on November 20, 2013, it will hold a field hearing in Boston on “Know Before You Owe: Mortgages.” The event will feature remarks by Director Cordray and testimony from consumer groups, industry...more

11/5/2013 - CFPB Mortgages RESPA TILA

CFPB’s semiannual regulatory agenda: an ambitious picture

The semiannual regulatory agenda posted by the CFPB last week on its website indicates that the CFPB has potentially ambitious future rulemaking plans. The agenda identifies the regulatory matters the CFPB “reasonably...more

7/9/2013 - CFPB Dodd-Frank EEOC FIRREA OMB TILA

FTC confirms continued commitment to vigorous enforcement in letter to CFPB

In its annual letter to the CFPB on its 2012 administrative and enforcement activities related to Regulations B (ECOA), E (Electronic Fund Transfers), Z (TILA) and M (Consumer Leasing), the FTC stressed that it is “committed...more

5/16/2013 - CFPB Consumer Lenders ECOA Electronic Fund Transfer Act Enforcement FTC TILA

CFPB issues more small entity compliance guides for mortgage-related rules

The CFPB has issued several more Small Entity Compliance Guides on its mortgage-related rules. In addition to its guide on the ability-to-repay and qualified mortgage rule, the CFPB has now issued Small Entity Compliance...more

5/7/2013 - Ability-to-Repay CFPB ECOA Higher-Priced Mortgage Loans HOEPA Mortgage Escrow Account Mortgages Qualified Mortgage Rule Small Entity Compliance Guide TILA

CFPB issues final rule excluding credit card pre-account opening fees from 25% limit

The CFPB has published a final rule in today’s Federal Register amending Regulation Z (Truth in Lending) to remove fees paid before a credit card account is opened from the scope of the 25% limit on total fees that may be...more

3/28/2013 - CFPB Credit Card Act Credit Cards Fees Regulation TILA

CFPB wants information about the CARD Act’s impact

The CFPB is seeking information on how the CARD Act amendments to the Truth in Lending Act have impacted consumers and the credit card industry....more

12/21/2012 - CARD Act CFPB Credit Cards TILA

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