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John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP


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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 issues report on student loan affordability

As we predicted at last week’s meeting of the National Council of Higher Education Resources’ Private Student Loan Committee, the CFPB field hearing held last Wednesday in Miami was devoted to student loan affordability. In...more

5/13/2013 - CFPB Private Student Loans Refinancing Student Loans

CFPB to hold student loan field hearing on May 8

UniversityThe CFPB has announced that on May 8, 2013, it will hold a field hearing in Miami-Dade County, Florida on student loan borrowers. CFPB Director Richard Cordray will be giving remarks at the event....more

4/22/2013 - Borrowers CFPB Richard Cordray Student Loans

FTC Sends FCRA Warning to Providers of Rental Histories

The Federal Trade Commission continues to keep Fair Credit Reporting Act (FCRA) enforcement at the forefront of its activities, as shown by its recent warnings to operators of six websites that provide information about...more

4/11/2013 - Consumer Reports FCRA FTC Landlords Tenants Warning Letters Websites

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

CFPB Issues Second Annual Report on FDCPA Activities

The Consumer Financial Protection Bureau’s second annual report to Congress on enforcement of the Fair Debt Collection Practices Act (FDCPA) confirms that debt collection will continue to be a major CFPB focus in 2013....more

3/27/2013 - CFPB Debt Collection Dodd-Frank FDCPA FTC

CFPB Issues Guidance on Indirect Auto Lending ECOA Compliance

The Consumer Financial Protection Bureau has issued guidance on fair lending compliance for indirect auto lenders. The guidance targets the practice of “dealer markups.” This practice involves an auto dealer charging the...more

3/22/2013 - Automotive Industry Car Dealerships CFPB Compliance ECOA Fair Lending Financing

CFPB Issues Proposal To Supervise Student Loan Servicers

The Consumer Financial Protection Bureau has issued a proposal to supervise nonbank servicers of private and federal student loans who qualify as “larger participants” in the student loan servicing market. Comments on the...more

3/19/2013 - CFPB Dodd-Frank Servicing Policies Student Loans

CFPB proposes supervision of nonbank private and federal student loan servicers

The CFPB has issued a proposal to supervise nonbank student loan servicers who qualify as “larger participants” in the student loan servicing market. The CFPB already supervises student loan servicing by larger banks. It also...more

3/15/2013 - CFPB Dodd-Frank Loan Servicing Student Loans

Collection Letter Inviting Debtor To Call Toll-Free Number Violated FDCPA, Third Circuit Holds

A collection letter violated the Fair Debt Collection Practices Act (FDCPA) because its invitation to call a toll-free number could be read by the “least sophisticated debtor” to permit the debt to be effectively disputed by...more

3/14/2013 - Debt Collection Debtors FDCPA Notice Requirements

Prevailing Defendant Can Recover Costs in FDCPA Suit Not Filed in Bad Faith, Supreme Court Rules

A prevailing defendant in a Fair Debt Collection Practices Act (FDCPA) case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court...more

3/1/2013 - Attorney's Fees CFPB Debt Collectors FDCPA General Revenue Corp. Legal Costs Prevailing Party SCOTUS

CFPB seeking information for a “student loan affordability plan”

Perhaps with the Obama administration’s “Making Home Affordable” plan in mind, the CFPB announced last week that it was taking the first step to develop a “student loan affordability plan” by issuing a Notice and Request for...more

2/28/2013 - CFPB Student Loans Students

DOJ Settles Another ‘Pattern or Practice’ Fair Lending Case

The U.S. Department of Justice (DOJ) recently settled a fair lending lawsuit against Texas Champion Bank. This means that, once again, a DOJ attempt to use disparate impact evidence to establish that a lender engaged in a...more

2/21/2013 - Consumer Lenders Discrimination Disparate Impact DOJ ECOA Fair Lending National Origin Pattern or Practice Settlement Uniform Pricing

HUD Issues Final ‘Discriminatory Effects’ Rule

The Department of Housing and Urban Development has issued a final rule that provides that if a practice has a "discriminatory effect," HUD or a private plaintiff can establish liability under the Fair Housing Act (FHA), even...more

2/13/2013 - Burden of Proof Discriminatory Effects Rule Disparate Impact FHA HUD

FTC Continues To Target Debt Collectors and Debt Relief Companies

The Federal Trade Commission’s continuing focus on the debt collection and debt relief industries was clearly demonstrated by several recently announced lawsuits and settlements....more

2/11/2013 - CFPB Debt Collection Debt Collectors Debt Settlement Services Debt-Relief Industry FDCPA FTC Section 5

Is the CFPB now the BMOC?

Last week, the CFPB muscled its way on campus, announcing that it will be looking at the impact of financial products marketed to students through their colleges and universities....more

2/4/2013 - CFPB Colleges Debit Cards Higher Education Act Students Universities

FTC Issues Debt Buying Industry Study

The Federal Trade Commission has issued a report, The Structure and Practices of the Debt Buying Industry, which the FTC has described as “the first of its kind” empirical study of debt buyers. ...more

2/1/2013 - CFPB Debt Debt Buyers Debt Collection FTC

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

Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit

The U.S. Department of Justice (DOJ) has reached a settlement with Community Bank of St. Charles, Michigan, in a federal lending discrimination lawsuit filed by DOJ against the bank....more

1/28/2013 - CFPB Discrimination DOJ ECOA Equal Access to Credit Fair Lending FHA Mortgages Settlement

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

CFPB issues student loan exam procedures

The CFPB has issued its examination procedures for student lenders. The procedures will be used by the CFPB’s examiners in examinations of large banks that make private student loans (meaning banks with total assets of more...more

12/19/2012 - CFPB Lenders Student Loans

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

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