John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Divided U.S. Supreme Court Holds Disparate Impact Claims Cognizable Under FHA, but Subject to Safeguards Against Abusive Disparate...

A sharply divided U.S. Supreme Court announced its decision in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc., on June 25, 2015, holding that disparate impact claims are...more

7/1/2015 - Affordable Housing Disparate Impact Fair Housing Act FHA SCOTUS Texas Dept of Housing v Inclusive Communities

CFPB update on student loan complaints continues to highlight co-signer release issues

The CFPB has issued a “Mid-year update on student loan complaints” that analyzes the approximately 3,100 private student loan complaints received by the CFPB betweenOctober 1, 2014 and March 31, 2015. The update also analyzes...more

6/24/2015 - CFPB Consumer Complaint System Consumer Lenders Cosigners Debt Collection Default Information Reports Releases Student Loans Students

FCC Approves TCPA Clarifications that Increase Potential for Liability

The Federal Communications Commission, in a divided vote, approved an order clarifying several long-simmering Telephone Consumer Protection Act (TCPA) issues. While the order has not been officially released, the...more

6/22/2015 - ATDS FCC Prior Express Consent Robocalling TCPA

CFPB Finalizes Rule to Supervise Nonbank Auto Finance Companies, Releases Auto Finance Examination Procedures for Banks, Nonbanks

The Consumer Financial Protection Bureau has issued a final rule allowing it to supervise nonbank companies that qualify as “larger participants of a market for automobile financing.” Relatedly, it adopted simultaneously a...more

6/12/2015 - Auto Lease Automotive Industry Automotive Loans Car Dealerships CFPB Consumer Financial Products Consumer Lenders Final Rules Market Participants Nonbank Firms

Final Diversity and Inclusion Standards Issued Jointly by Six Federal Agencies

Pursuant to a mandate contained in Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank or Act), six federal agencies jointly issued new Diversity and Inclusion (D&I) Standards today. These...more

6/11/2015 - Diversity Diversity and Inclusion Standards (D&I) Dodd-Frank Employer Mandates Hiring & Firing OMWI Regulatory Standards

FCC Chairman Releases Proposed TCPA Declaratory Rulings

Federal Communications Commission (FCC) Chairman Tom Wheeler has issued a fact sheet describing his proposed declaratory rulings on various issues involving the FCC’s interpretation of the Telephone Consumer Protection Act...more

6/3/2015 - FCC TCPA

State AG – Credit Bureaus Settlement: What Furnishers Need to Know - More than 30 state attorneys general reached a settlement...

Last week, Ohio Attorney General Mike DeWine issued a press release announcing the results of a multi-state investigation into the three national credit reporting agencies (CRAs) - Equifax Information Services LLC, Experian...more

5/29/2015 - CFPB Credit Reporting Agencies Credit Reports Debt Buyers Debt Collection Equifax Experian FCRA TransUnion

Second Circuit Rules FDCPA Does Not Require Disclosure of Settlement’s Tax Consequences

The U.S. Court of Appeals for the Second Circuit has ruled that the Fair Debt Collection Practices Act (FDCPA) does not require a debt collector to disclose the possible tax consequences of a debtor’s acceptance of a...more

5/26/2015 - Appeals Debt Collectors FDCPA Income Taxes

U.S. Dept. of Education proposes new restrictions on campus financial products

The U.S. Department of Education has issued proposed revisions to its Title IV Higher Education Act (HEA) cash management rules that include significant new restrictions on financial products used to disburse credit balance...more

5/22/2015 - Colleges Consumer Financial Contracts Consumer Financial Products Department of Education Higher Education Act Proposed Amendments Students Universities

U.S. Department of Education Proposes New Restrictions on Campus Financial Products

The U.S. Department of Education has issued proposed revisions to its Title IV Higher Education Act (HEA) cash management rules that include significant new restrictions on financial products used to disburse credit balance...more

5/21/2015 - Colleges Consumer Lenders Department of Education Financial Aid Higher Education Act Proposed Amendments Students Universities

Ninth Circuit Rules FDCPA and California Law Do Not Prohibit Collection Letter Seeking Prejudgment Interest

The U.S. Court of Appeals for the Ninth Circuit recently ruled that a debt collection letter seeking prejudgment interest on the debt did not violate the Fair Debt Collection Practices Act (FDCPA) or California’s Rosenthal...more

5/20/2015 - Appeals Debt Collection FDCPA Prejudgment Interest

The CFPB Announces Final Diversity Standards under Dodd-Frank Section 342 Are Completed

On April 29, 2015, the Office of Minority and Women Inclusion (OMWI) of the Consumer Financial Protection Bureau (CFPB or Bureau) released its third Annual Report for 2014, as mandated by Section 342(e) of the Dodd-Frank Act...more

5/6/2015 - CFPB Diversity Dodd-Frank Federal Contractors OMWI

CFPB to hold May 14 field hearing on student debt

The CFPB has announced that on May 14, 2015, it will hold a field hearing in Milwaukee on student debt. Similar to other field hearings, Director Cordray will give remarks and witnesses will include members of consumer...more

4/30/2015 - Administrative Hearings CFPB Consumer Lenders Student Loans Students

FTC Announces Settlement with Retail Tracking Company

The Federal Trade Commission recently announced a proposed settlement with a retail tracking company to resolve charges that the company’s privacy policy misled consumers about their ability to opt out of the company’s...more

4/29/2015 - FTC Mobile Devices Mobile Privacy Privacy Policy Retailers Settlement Web Tracking

U.S. Supreme Court To Decide If Statutory Damages Are Recoverable Even Without Any Actual Harm

The U.S. Supreme Court has agreed to hear an important case that will decide whether a plaintiff who cannot show any actual harm from a violation of the Fair Credit Reporting Act (FCRA) nevertheless has standing under Article...more

4/28/2015 - Article III FCRA Imminent Harm Putative Class Actions SCOTUS Spokeo v Robins Standing Statutory Damages

Rule Expanding Military Lending Act Protections In Limbo

The Department of Defense's (DoD) proposed rule to revise and expand the coverage of its rule implementing the Military Lending Act (MLA) may be put on hold. The House Committee on Armed Services Subcommittee for Military...more

4/27/2015 - DOD Military Lending Act Military Service Members NDAA Proposed Amendments

Cordray remarks signal continued CFPB attention to student loan servicing and campus financial products

Student loan servicers and providers of campus financial product were the focus of remarks given yesterday by Director Cordray at the Ohio College Presidents’ Conference. Director Cordray stated that the CFPB estimates that...more

4/24/2015 - CFPB Colleges Consumer Financial Products Loan Servicing Richard Cordray Student Loans Universities

U.S. Department of Education Fines College for Job Placement Rate Disclosure Violations

The U.S. Department of Education (Department) intends to fine a college more than $29 million for allegedly misrepresenting job placement rates and failing to comply with federal placement rate disclosure requirements. The...more

4/21/2015 - Administrative Fines Colleges Department of Education Disclosure Requirements Heald College Misrepresentation Title IV

Washington State AG Sues Student Loan Debt Adjustment Firm

The Washington State Attorney General recently filed an action in state court against a student loan debt adjustment firm and its individual principal alleging that the firm charged illegal fees and failed to provide required...more

4/16/2015 - Attorney Generals Consumer Protection Act Debt-Relief Industry Disclosure Requirements Enforcement Actions Student Loans Transaction Fees

Third Circuit Rules FDCPA Claims Can Be Based on Foreclosure Complaints

The U.S. Court of Appeals for the Third Circuit recently ruled that foreclosure complaints can be the basis of Fair Debt Collection Practices Act (FDCPA) claims. This decision continues the Third Circuit's expansive...more

4/10/2015 - Appeals Attorney's Fees FDCPA Fees Foreclosure Mortgage Lenders Mortgages Putative Class Actions

Plaintiff Must Show Defendant’s Knowledge of TCPA Violation To Get Treble Damages, 11th Circuit Rules

The U.S. Court of Appeals for the 11th Circuit has ruled that a plaintiff must show that the defendant knew its conduct violated the Telephone Consumer Protection Act (TCPA) to establish a willful or knowing TCPA violation....more

4/7/2015 - Appeals Popular TCPA Treble Damages Willful Violations

Federal Financial Regulators Offer Advice To Address Malware, Compromised Credentials

In its recent press release, the Federal Financial Institutions Examination Council (FFIEC) issued two statements reiterating financial institutions' obligations to have measures in place to prevent and mitigate cybersecurity...more

4/2/2015 - Cybersecurity FFIEC Financial Institutions Risk Management

FCC Seeks Comments on Easing TCPA Requirements for Educational Organizations

In a recent announcement, the Federal Communications Commission (FCC) asked for public comments on a petition to relax some of the Telephone Consumer Protection Act's (TCPA’s) requirements for educational organizations. If...more

3/30/2015 - Educational Institutions Exemptions FCC Prior Express Consent Robocalling TCPA

White House Issues Student Aid Bill of Rights

A Presidential Memorandum titled the "Student Aid Bill of Rights," issued last week by President Obama, calls for the creation of a new complaint system for federal student loans. This proposal is likely to result in...more

3/24/2015 - Barack Obama Consumer Complaint System Federal Student Aid Student Loans Students

NY Attorney General Enters into Far-Reaching Settlement with Largest Credit Reporting Agencies

New York Attorney General Eric Schneiderman recently announced that his office reached a landmark settlement with the nation’s three leading credit reporting agencies (CRAs) that will require them to significantly reform,...more

3/20/2015 - Credit Reporting Agencies Credit Reports Equifax Experian Settlement TransUnion

218 Results
|
View per page
Page: of 9

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×