John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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Deadline Extended for Requesting Direct Access to Military Loan Act Database

The Department of Defense has extended the deadline for requesting direct access to its Military Loan Act (MLA) Defense Manpower Data Center (DMDC) database until February 15, 2016. Under amendments to the MLA's implementing...more

2/5/2016 - CFPB Consumer Lenders Databases Deadlines Department of Defense (DOD) Military Lending Act Military Service Members Safe Harbors

DOJ Settles Action Alleging Bank Discriminated Against Disability Income Recipients

The U.S. Department of Justice recently entered into a consent order with Evolve Bank & Trust to settle charges that the bank discriminated against mortgage loan applicants on the basis of disability and receipt of public...more

2/3/2016 - Banking Sector Consent Order Disability Discrimination DOJ ECOA Fair Housing Act (FHA) Mortgage Lenders Qualified Settlement Funds

University Faces Action for Alleged Deceptive Advertising of Graduates' Employment, Earning Prospects

The Federal Trade Commission (FTC) has filed a complaint in a California federal district court against the operators of DeVry University in which it alleges that DeVry violated the FTC Act by misrepresenting the employment...more

1/29/2016 - Department of Education False Advertising Federal Student Aid FTC FTC Act Higher Education Act Hiring Statistics Misrepresentation Title IV Universities

FTC Announces ''Operation Collection Protection'' Developments

The Federal Trade Commission (FTC) has announced new developments in ''Operation Collection Protection,'' its new coordinated federal-state enforcement initiative targeting unlawful debt collection practices. The U.S....more

1/16/2016 - Attorney Generals CFPB Debt Collection DOJ Enforcement Actions FDCPA FTC FTCA

Former CFPB student loan ombudsman joins Education Dept.

Politico has reported that Rohit Chopra, the CFPB’s former student loan ombudsman, has joined the Education Department in a senior leadership position focused on protecting student borrowers. Politico also reported that in...more

1/15/2016 - CFPB Colleges Department of Education Federal Student Loans Military Service Members

FTC Proposes Survey of Consumer Experience in Financing Auto Purchases through Dealers

The Federal Trade Commission has announced plans to conduct a survey of consumers regarding their experiences in buying and financing automobiles at dealerships. According to the supplementary information in the notice...more

1/6/2016 - Automotive Loans Car Dealerships CFPB ECOA FTC Surveys Truth in Lending Act (TILA)

Senators urges Dept. of Education to delay use of robocalls in collection of federal student loans

In a letter sent last week to U.S. Department of Education Secretary Arne Duncan, four U.S. Senators urge the ED “to direct federal student loan servicers, debt collectors, and all other third parties” to delay use of the new...more

12/29/2015 - Debt Collection Department of Education Federal Student Loans Prior Express Consent Robocalling TCPA

CFPB releases report on college credit card agreements, student account toolkit and warning letters

Earlier this week, the CFPB released  its sixth annual report on college credit card agreements, together with a new toolkit for schools to use when considering potential co-sponsorships of financial accounts, such as prepaid...more

12/18/2015 - CARD Act CFPB Credit Card Agreements Disclosure Requirements Educational Institutions

Department of Education invites comments on new complaint online system

The Department of Education has published a notice in the Federal Register inviting comments on its plans to create a new Web site by July 1, 2016 for students and borrowers to file complaints about federal student loans. The...more

12/15/2015 - Comment Period Complaint Procedures Department of Education Federal Student Loans Students

DOJ Settles Fair Lending Claims Based on Bank’s Mortgage Pricing System

The U.S. Department of Justice (DOJ) has announced a proposed consent order with Sage Bank to settle charges that the bank violated the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA) by discriminating on...more

12/7/2015 - Consent Order DOJ ECOA Fair Housing Act (FHA) Mortgage Lenders Race Discrimination

Ballard Spahr Represents Credit Unions in Amicus Brief Challenging FCC TCPA Order

In the case of ACA International v. Federal Communications Commission and United States of America, Ballard Spahr LLP represented the Credit Union National Association (CUNA) in filing a joint amici brief with the American...more

12/4/2015 - Amicus Briefs Credit Unions FCC Motion to Vacate TCPA

Eighth Circuit Dismisses FDCPA Claims Based on Affiant’s Alleged False Attestation of Personal Knowledge

The U.S. Court of Appeals for the Eighth Circuit recently ruled that a plaintiff’s allegation that an affiant had falsely attested to having personal knowledge of the facts alleged in a debt collection complaint was...more

12/2/2015 - Debt Collection False Statements FDCPA Putative Class Actions

FTC Finalizes Rule Banning Telemarketer Use of Remotely Created Payments

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

11/23/2015 - Consumer Fraud FTC Popular RCPOs Telemarketing Sales Rule Unfair or Deceptive Trade Practices

Envelope’s Display of Internal Tracking Number Does Not Violate FDCPA, New York Federal Court Rules

A federal district court in New York has ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) by sending a collection letter in an envelope that allegedly revealed an internal tracking...more

11/19/2015 - Corporate Counsel Debt Collection FDCPA FTC Motion for Judgment

FTC and VA enter into agreement for investigating educational institutions

The Federal Trade Commission and the Department of Veterans Affairs have signed a “Memorandum of Agreement” (MOA) “to provide mutual assistance in the oversight and enforcement of laws pertaining to advertising, sales, and...more

11/13/2015 - Department of Veterans Affairs Educational Institutions FTC Regulatory Oversight Unfair or Deceptive Trade Practices

CFPB files petition in D.C. federal court to enforce CID issued to college accrediting organization

On October 29, 2015, the CFPB filed a petition in D.C. federal court to enforce the CID it issued on August 25, 2015 to the Accrediting Council for Independent Colleges and Schools (ACICS). ACICS’ petition to modify or set...more

11/12/2015 - Accreditation CFPB Civil Investigation Demand For Profit Colleges Student Loans

Florida “No Credit Card Surcharge” Law Unconstitutional, 11th Circuit Rules

A Florida law that prohibits merchants from imposing a surcharge on credit card purchases but allows a discount for cash purchases violates the First Amendment, a divided panel of the U.S. Court of Appeals for the 11th...more

11/11/2015 - Corporate Counsel Credit Card Surcharges Debit and Credit Card Transactions Due Process First Amendment Free Speech

CFPB Announces Consent Order with Employment Background Screening Report Providers

The Consumer Financial Protection Bureau’s (CFPB) announcement that it has entered into a consent order with two affiliated companies that generate and provide employment background screening reports serves as a reminder to...more

11/9/2015 - Background Checks CFPB Consumer Reporting Agencies FCRA Hiring & Firing Popular

Bipartisan Budget Act Creates New TCPA Exemptions

Prior to the amendment, these calls would have been prohibited absent the recipient’s prior express consent if placed to a cellular telephone and if they were made by an automatic telephone dialing system or included an...more

11/9/2015 - Bipartisan Budget Cell Phones Corporate Counsel Debt Collection Prior Express Consent Robocalling TCPA

Director Cordray defends CFPB authority to investigate college accrediting organization

Director Cordray is reported to have defended the CFPB’s authority to investigate a college accrediting organization at a recent Politico event. On October 8, 2015, the CFPB issued a decision and order denying the petition of...more

11/6/2015 - Accreditation Bank Service Providers CFPB CID Colleges Consumer Financial Products Department of Education Educational Institutions Enforcement Actions Financial Institutions Unfair or Deceptive Trade Practices

Lawmakers seek rescission of CID issued to college accrediting organization

Senator Lamar Alexander and Representative John Kline sent a letter to Director Cordray on October 23, 2015 requesting that he “immediately rescind the issuance of a civil investigative demand to the Accrediting Council for...more

11/5/2015 - Accreditation CFPA CFPB Civil Investigation Demand Colleges Compliance Department of Education DOE Educational Institutions Financial Institutions Higher Education Act UDAAP Universities

FDCPA “Communication” Must Imply Existence of a Debt, Sixth Circuit Rules

A voicemail message should not be considered a “communication” that is actionable under the Fair Debt Collection Practices Act (FDCPA), the U.S. Court of Appeals for the Sixth Circuit has ruled, unless the message at least...more

11/2/2015 - Appeals Debt Debt Collection Debt Collectors FDCPA Financial Institutions Voicemail

CFPB Student Loan Ombudsman highlights FFELP loans in fourth annual report

The CFPB released its fourth Annual Report of the Student Loan Ombudsman discussing complaints received by the CFPB about private and federal student loans and the lessons drawn by the Ombudsman from those complaints. (The...more

10/16/2015 - CFPB Consumer Complaint Management Consumer Financial Products Consumer Lenders Debt Collection DOE Enforcement Actions Federal Student Loans Financial Institutions GAO Loans Private Student Loans Student Loans

Court: Debtor Cannot Use FDCPA as Enforcement Mechanism for Arbitration Provision

A debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) when it filed a summary judgment motion in a collection action after the debtor had sought enforcement of a credit card agreement’s arbitration...more

10/14/2015 - Arbitration Arbitration Agreements Consumer Financial Products Credit Cards Debt Collectors FDCPA Financial Institutions Summary Judgment

U.S. Supreme Court Hears Oral Arguments in Case to Decide Whether Loan Guarantors Are “Applicants” Under ECOA

The U.S. Supreme Court heard oral arguments on Monday in the case of Hawkins v. Community Bank of Raymore, the result of which will determine whether a spousal guarantor is an “applicant” under the Equal Credit Opportunity...more

10/9/2015 - Banking Sector Banks Cause of Action Accrual CFPB Discrimination ECOA Federal Reserve Financial Institutions Loans Regulation B SCOTUS Spousal Guaranty

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