John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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Third Time's the Charm? Supreme Court Agrees Again To Hear FHA Disparate Impact Case

Yesterday, the U.S. Supreme Court agreed for the third time in recent history to decide whether disparate impact claims are cognizable under the Fair Housing Act (FHA). The Supreme Court granted the Texas Department of...more

10/3/2014 - Affordable Housing Discrimination Disparate Impact FHA SCOTUS

Defense Department Proposes Expansion of Military Lending Act Regulations

The Department of Defense (DoD) has issued a proposal to revise and significantly expand the coverage of its rule implementing the Military Lending Act (MLA). The proposed revisions would limit interest charged to...more

9/30/2014 - Banks DOD Military Lending Act Nonbank Firms Proposed Amendments TILA

CFPB Releases Report on Fair Credit Exams and White Paper on Proxy Methodology

Along with its proposed larger participant rule for the auto financing market, the Consumer Financial Protection Bureau issued a special edition of Supervisory Highlights (the "report") describing its fair credit supervisory...more

9/24/2014 - Automotive Industry Automotive Loans Car Dealerships CFPB Debt Buyers Larger Participant

CFPB Proposes Rule To Supervise Nonbank Auto Finance Companies

The Consumer Financial Protection Bureau has issued a proposal to supervise nonbank companies that qualify as “larger participants of a market for automobile financing.” Comments on the proposal will be due 60 days after the...more

9/19/2014 - Automotive Industry Automotive Loans Banks CFPB Nonbank Firms

Pa. Banking Secretary Issues Letter on Amendments to Motor Vehicle Sales Finance Act

Significant changes to Pennsylvania law governing retail installment sales will take effect before the end of this year as a result of Act No. 2013-98 (Act 98). The Act 98 changes to the state’s Motor Vehicle Sales Finance...more

9/16/2014 - Automotive Industry Automotive Loans Motor Vehicles

FDCPA Violated by Letter Suggesting Consumer Can Avoid Litigation Only by Paying Debt, First Circuit Rules

The U.S. Court of Appeals for the First Circuit held that a collection letter sent by an attorney violated the Fair Debt Collection Practices Act (FDCPA) because it would lead a “hypothetical unsophisticated consumer” to...more

9/15/2014 - Appeals Corporate Counsel Debt Collection FDCPA Written Notice

Brookings student loan study updated; CBA launches website to dispel student loan myths

We previously wrote about the June 2014 Brookings Institution report which suggested that charges coming from various quarters, including the CFPB, that student loan debt is causing young adults to postpone home ownership are...more

9/12/2014 - CFPB Student Loans

FTC Reviewing Telemarketing Sales Rule

As part of a systematic review of its regulations, the Federal Trade Commission (FTC) is seeking comment on a variety of issues relating to its Telemarketing Sales Rule (TSR). The FTC is conducting the review “to determine...more

9/9/2014 - FTC Telemarketing Telemarketing Sales Rule

NY Attorney General Files Redlining Lawsuit Alleging Mortgage Discrimination

The New York Attorney General filed a complaint this week in a New York federal court against a national bank headquartered in the state and its holding company alleging that the defendants violated the federal Fair Housing...more

9/5/2014 - Attorney Generals Bank Holding Company Banks Discrimination Disparate Impact DOJ FHA HMDA Mortgages Redlining

FDCPA Is Violated When Consumer’s Account Number Is Visible through Window of Debt Collector’s Envelope, Third Circuit Holds

In a precedential opinion rendered last week, the U.S. Court of Appeals for the Third Circuit held that the disclosure of a consumer’s account number through the transparent window of a debt collector’s envelope violates...more

9/5/2014 - Appeals Corporate Counsel Debt Collection Debt Collectors FDCPA Privacy Laws

Department of Education adopts new procedures for lenders and servicers of federal student loans to use to determine SCRA...

This past May, we wrote about the $60 million Servicemembers Civil Relief Act (SCRA) settlement announced by the Department of Justice (DOJ) and Department of Education (ED) with a major student loan servicer and expressed...more

9/5/2014 - Department of Education DOJ Loans SCRA Student Loans

Is a Uniform Debt Buying Code on Its Way?

The Uniform Law Commission (ULC), a non-partisan organization committed to drafting uniform state laws, has authorized the formation of a committee to study the need for and feasibility of state legislation to address the...more

9/4/2014 - Debt Debt Buyers OCC Uniform Law Commission

CFPB announces higher education memorandum of understanding

The CFPB announced that it has entered into a “Joint Higher Education Memorandum of Understanding” with the Departments of Veterans Affairs (VA), Defense (DOD), and Education (ED) as part of a joint effort by the agencies “to...more

8/29/2014 - CFPB Department of Education Department of Veterans Affairs DOD For Profit Colleges For Profit Education Memorandum of Understanding

CFPB files amicus brief in Ninth Circuit FDCPA case

The CFPB, together with the FTC, has filed an amicus brief in Hernandez v. Williams, Zinman & Parham, P.C., a Fair Debt Collection Practices Act case on appeal to the U.S. Court of Appeals for the Ninth Circuit. ...more

8/25/2014 - CFPB Debt Debt Collection FDCPA FTC

NY Attorney General Settles Action against Law Firm Collecting on Payday Loans

The New York Attorney General recently announced a settlement with Forster & Garbus, a large debt collection law firm that had filed collection actions against consumers arising out of payday loans. Specifically, Attorney...more

8/21/2014 - Debt Debt Collection Lenders Payday Loans

Senator Crapo raises concerns with Department of Education campus financial product rulemaking

Republican Senator Mike Crapo, Ranking Member of the Senate Committee on Banking, Housing, and Urban Affairs, sent a letter last week to Department of Education (ED) Secretary Arne Duncan to raise several concerns with the...more

8/19/2014 - Colleges Financial Products Students Title IV Universities

Media reports on student loan debt: distortions abound

Two recent articles highlight how student loan debt is often the subject of distorted reporting. An article from Hamilton Place Strategies observed that news stories often include anecdotal stories about families...more

8/15/2014 - Debt Student Loans

Calif. Law Does Not Bar Recording of Cell Phone Calls by Participants, Federal Court Rules

A California federal court recently ruled that the state’s call recording statute does not apply to cell phone call participants. This decision should help companies that record consumer calls for monitoring purposes defeat...more

8/14/2014 - Audio Recording Cell Phones Invasion of Privacy Surveillance

FTC Settles with Two Debt Collectors over Alleged FDCPA and FTC Act Violations

The debt collection industry continues to be a major focus of the Federal Trade Commission’s enforcement efforts, as shown by the agency’s decision to simultaneously announce two settlements last week with Tennessee and New...more

8/13/2014 - Debt Debt Collection FDCPA FTC FTCA Popular

Sixth Circuit Establishes ‘Baseline’ Information To Verify a Debt

The U.S. Court of Appeals for the Sixth Circuit recently articulated a standard for verifying a debt under the Fair Debt Collection Practices Act (FDCPA) in Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC. The FDCPA...more

8/12/2014 - Appeals Condominiums Debt Collection Debt Collectors FDCPA Liens Popular

CFPB calls out banks for not publicly disclosing campus financial product marketing agreements

According to a new blog post about “secret banking contracts” by Rohit Chopra, the CFPB’s Student Loan Ombudsman, the CFPB is sending letters to colleges and universities “to make sure they know that their bank partner has...more

8/8/2014 - Banks CFPB Colleges Disclosure Requirements Enforcement Student Loans Universities

TCPA Reform Gains Congressional Support

Industry efforts to persuade the Federal Communications Commission (FCC) to clarify its rules under the Telephone Consumer Protection Act (TCPA) recently received support from a group of 15 members of the U.S. House of...more

8/8/2014 - FCC Robocalling TCPA Telecommunications

Comptroller of the Currency Publishes Guidance on Debt Sales Arrangements and Agreements

The Office of the Comptroller of the Currency’s (OCC’s) new Bulletin 2014-37 on Consumer Debt Sales represents the agency’s latest guidance on this topic since providing a written statement a year ago to the Senate...more

8/7/2014

Another report debunks comparison between student debt and mortgage loan crisis

A new report from The Vanguard Group disagrees with those who seek to draw comparisons between the current level of student debt and the level of mortgage debt that led to the housing crisis. Titled “No bubble to...more

8/7/2014 - Debt Mortgages Student Loans

CFPB continues to solicit comments on proposed debt collection survey

The CFPB published a notice in the Federal Register today announcing that it will continue to take comments until August 22, 2014 on its plans to seek approval from the Office of Management and Budget “to conduct a mail...more

7/24/2014 - American Bankers Association CFPB Debt Collection OMB

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