Jeremy T. Rosenblum

Jeremy T. Rosenblum

Ballard Spahr LLP


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CFPB releases white paper on overdraft programs

Yesterday, just after midnight, the CFPB released its initial data findings from its 15-month (and counting) Study of Overdraft Programs....more

6/13/2013 - Banks CFPB Overdraft Fees

FTC Charges Payment Processor with ‘Assisting and Facilitating’ Debt Relief Scam

The Federal Trade Commission recently brought an enforcement action against a company that processed credit card payments for the operator of an alleged debt relief telemarketing scam. This action serves as a reminder to...more

6/11/2013 - Amended Complaints Credit Cards Debt-Relief Industry Enforcement FDIC FTC Scams Telemarketing Telemarketing Sales Rule

Choice of Law and Commerce Clause Do Not Bar Minnesota Regulation of Internet Loans, State Court Rules

A recent Minnesota state court decision serves as a painful reminder to Internet lenders of the perils of relying on choice-of-law provisions or arguments citing the Commerce Clause of the U.S. Constitution to avoid...more

6/10/2013 - Borrowers Choice-of-Law Commerce Clause Internet Lenders Payday Loans Penalties

Merchants Challenge Constitutionality of New York’s ‘No Credit Card Surcharge’ Law

Five merchants and their principals have filed a lawsuit in federal district court in New York challenging the constitutionality of a state law that prohibits merchants from imposing a surcharge on credit card purchases. New...more

6/6/2013 - Credit Cards Debit and Credit Card Transactions Due Process Excise Surcharges First Amendment Fourteenth Amendment Merchant Fees Sherman Act

Further comment on payday lending and deposit advances

As suggested by prior blog posts, I am no fan of the direction the CFPB, OCC and FDIC seem to be going with respect to payday and deposit advance loans. ...more

5/31/2013 - CFPB Deposit Advances FDIC OCC Payday Loans

FTC Proposes Banning Telemarketer Use of Remotely Created Checks, Cash-to-Cash Money Transfers, and Similar Payment Methods

The Federal Trade Commission has proposed changes to its telemarketing sales rule (TSR) that would prohibit sellers and telemarketers from accepting or requesting remotely created checks or payment orders, cash-to-cash money...more

5/24/2013 - Do Not Call List FTC Money Transfer Telemarketing Telemarketing Sales Rule

TILA Ban on Mandatory Arbitration in Mortgage Loans Takes Effect June 1

The Truth in Lending Act (TILA) ban on mandatory arbitration provisions in certain mortgage loans becomes effective on June 1, 2013. Lenders now using mortgage loan documentation containing such provisions should take steps...more

5/17/2013 - Dodd-Frank Mandatory Arbitration Clauses Mortgages Regulation Z TILA

Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

A Florida federal court has rejected the Federal Communication Commission's 2008 ruling that by providing a wireless number to a creditor on a credit application, a consumer has given "prior express consent" as required by...more

5/14/2013 - Cell Phones Damages FTC Penalties TCPA Telecommunications Vicarious Liability

CFPB Finalizes Revisions to Remittances Rule, Sets October 28 Effective Date

The Consumer Financial Protection Bureau has finalized revisions to its remittance transfers rule and set October 28, 2013, as the rule’s new effective date. While not entirely eliminating the requirement for remittance...more

5/8/2013 - CFPB Disclosure Requirements Remittance Transfer Rule

OCC and FDIC proposed guidance could effectively ban deposit advance loans

Last Thursday, the Office of the Comptroller of the Currency and Federal Deposit Insurance Corporation proposed guidance on deposit advance loans. The Federal Reserve Board declined to join the OCC and FDIC and instead...more

4/30/2013 - CFPB Compliance Deposit Advances FDIC Loans OCC Proposed Regulation Underwriting

The shoes are dropping: CFPB study of payday and deposit advance loans precedes reported OCC/FDIC action against deposit advance...

Earlier today, the CFPB released a white paper reporting on its study of 15,000,000 storefront payday loans and 100,000 accounts eligible for deposit advances (of which approximately 15% involved a deposit advance during the...more

4/25/2013 - CFPB Deposit Advances FDIC OCC Payday Loans

Update on CFPB payday lending studies

Normally we do not post about private conversations we have with CFPB staff. However, I have received CFPB staff approval to report on a few conversations I had last week concerning the CFPB’s payday lending studies....more

4/10/2013 - CFPB Data Use Policies Payday Loans

CFPB Expands Public Consumer Complaint Database

The Consumer Financial Protection Bureau has expanded its public Consumer Complaint Database to include complaints about mortgages, bank deposit products and services, student loans, and other consumer loans (which category...more

4/1/2013 - CFPB Consumer Complaint System Loans Mortgages Student Loans

Pew payday loan study: what’s new?

As previously reported, the Pew Charitable Trusts (“Pew”) released a payday lending report last month (the “Report”), the same day that CFPB Director Cordray made some harsh remarks about payday loan “debt traps” in a speech...more

3/5/2013 - CFPB Payday Loans Richard Cordray

A bad month for payday lenders

February was not a good month for payday lenders. As previously reported, on February 20, CFPB Director Cordray expressed pointed concerns about payday and short-term loan “debt traps” in a speech to the Consumer Advisory...more

3/1/2013 - Banks CFPB Consumer Lenders Lenders Loans Payday Loans Richard Cordray

Shoot first, question later?

In his recent post, Alan Kaplinsky rightly warned that recent remarks by Director Cordray strongly imply that payday and other short-term loan products may be in “the CFPB’s line of fire.” What bothers me is that, to my...more

3/1/2013 - Loans Payday Loans Richard Cordray

FFIEC Asks for Feedback on Social Media Proposed Guidance

The Federal Financial Institutions Examination Council (FFIEC) is seeking feedback on proposed guidance to help financial institutions manage the risks of interacting with consumers through social media....more

1/30/2013 - FFIEC Risk Management Social Media

D.C. Circuit NLRB Decision Casts Doubt on Validity of Cordray Appointment

The validity of President Obama’s January 2012 recess appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau is now under a dark cloud as a result of the decision by the U.S. Court of Appeals...more

1/29/2013 - Barack Obama Canning v NLRB CFPB NLRB Political Appointments Pro Forma Sessions Recess Appointments Richard Cordray

Mortgage Foreclosure Is Debt Collection under the FDCPA, Sixth Circuit Holds

Lawyers whose principal business is mortgage foreclosure or who regularly handle mortgage foreclosures are “debt collectors” subject to the Fair Debt Collection Practices Act, the U.S. Court of Appeals for the Sixth Circuit...more

1/24/2013 - CFPB Debt Collectors FDCPA Foreclosure Mortgages

Justice Department Settles ADA Claims against Debt Collector

A recent Department of Justice settlement with a debt collection law firm that was accused of violating the Americans with Disabilities Act exemplifies the mounting federal scrutiny of the debt collection industry....more

1/8/2013 - ADA Debt Collectors Discrimination DOJ FDCPA Reasonable Accommodation Settlement Title III

FTC Retains Door-to-Door Sales Rule but Proposes Higher Exemption Amount

The Federal Trade Commission recently released its decision to retain its rule requiring disclosure of a buyer’s right to cancel door-to-door sales of consumer goods and services (Cooling-Off Rule)....more

12/28/2012 - Cooling-Off Rule Disclosure Requirements Door-to-Door Sales FTC

Pennsylvania Enacts Changes to Banking Laws

Significant changes to Pennsylvania banking laws will take effect on December 24, 2012, as a result of three bills, known as the “Banking Law Modernization Package,” signed into law by Governor Tom Corbett....more

12/19/2012 - Banking Law Modernization Package Derivatives Dodd-Frank Loans Securities

FTC Settles ‘History Sniffing’ Charges Against Online Advertising Network

The Federal Trade Commission recently announced that it entered into a settlement with Epic Marketplace, Inc., (Epic) an online advertising company, of charges that its "history sniffing" practices violated Section 5 of the...more

12/13/2012 - Behavioral Advertising Browser History Sniffing FTC

CFPB to delay remittance rule effective date and propose changes

In a bulletin issued today, the CFPB announced that, in December, it expects to issue a proposal to make changes to the remittance transfer rule and extend the rule’s effective date until 90 days after the proposal is...more

11/28/2012 - CFPB Remittance Transfer Rule

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