John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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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

More on the debate over the impact of student loan debt on home ownership

We recently wrote about a new 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

7/24/2014

FCC Clarifies TCPA Consent Standard for Collection Calls to Cell Phones

The Federal Communications Commission (FCC) recently clarified its view on when someone has provided “prior express consent” to receive prerecorded or autodialed collection calls to his or her cell phone as required by the...more

7/16/2014 - Cell Phones FCC Prior Express Consent Robocalling TCPA

FTC Announces Settlement with Debt Collector over Alleged FDCPA Violations

The Federal Trade Commission (FTC) recently announced a settlement with a Houston debt collection company and its individual owner related to alleged violations of the Fair Debt Collection Practices Act (FDCPA). This action...more

7/2/2014

New studies challenge CFPB claims that student loan debt is discouraging homeownership

The charge that student loan debt is causing young adults to postpone home ownership has come from various quarters, including the CFPB. However, two new studies, one the subject of an article released earlier this year and...more

6/27/2014 - CFPB Debt Student Loans

Department of Education proposal on campus financial products expected in July

We recently commented that financial institutions offering financial products to college students, including debit or prepaid cards, under agreements with colleges should be planning now for the possible advent of new...more

6/24/2014 - Colleges Debit Cards Disclosure Requirements DOE Financial Products Prepaid Payment Products Students Title IV Universities

FTC Settles Claims Against Credit Repair Company

The Federal Trade Commission recently announced that it has entered into a settlement with one of the nation’s largest credit repair companies and its owners for alleged violations of the Credit Repair Organizations Act...more

6/23/2014 - Credit Reports CROA FTC Settlement

Obama takes action to increase assistance to student borrowers

President Obama issued a Presidential Memorandum last Monday directing the Secretary of Education to issue regulations that allow additional students to take advantage of a program to cap their student loan payments at 10...more

6/18/2014 - Student Loans Students

Senate holds hearings on student loans

Last Wednesday, the Senate Budget Committee and the Senate Banking Committee held separate hearings about student loans. Interestingly, the CFPB was represented in only one of the hearings. The Senate Budget Committee...more

6/9/2014 - CFPB Predatory Lending Student Loans

FTC Announces Consent Order with Subprime Auto Lender for Alleged Violations of FDCPA, FCRA

The Federal Trade Commission recently announced a consent order with a subprime auto lender for alleged violations of the Federal Trade Commission Act (FTC Act), the Fair Debt Collection Practices Act (FDCPA), and the Fair...more

6/3/2014 - Automotive Loans FCRA FDCPA FTC UDAAP

Disparate Impact to Supreme Court Again?

Yet another Fair Housing Act disparate impact case may find its way to the U.S. Supreme Court. After losing on appeal at the Fifth Circuit in March, the Texas Department of Housing and Community Affairs (Texas DHCA) recently...more

6/2/2014 - Appeals Certiorari Disparate Impact Fair Housing Fair Housing Act HUD SCOTUS Section 8 Tax Credits

CFPB issues report on how medical debt impacts credit scores

According to a report issued yesterday by the CFPB entitled “Data point: Medical debt and credit scores,” credit scoring models may be overly penalizing consumers with medical debts that go into collection by producing credit...more

5/23/2014 - CFPB Credit Ratings Debt Healthcare Medical Expenses

Has the SCRA been amended for everyone?

Not only student loan servicers, but all companies, particularly those subject to the CFPB’s supervisory authority, face new compliance risk under the Servicemembers Civil Relief Act (the “SCRA”) as a result of the stunning...more

5/15/2014 - Active Duty CFPB Department of Education DOJ Interest Rate Adjustments Loan Servicer Military Service Members SCRA Settlement Student Loans

Did the CFPB, DOJ, and ED Just Amend the Servicemembers Civil Relief Act?

Yesterday, as a result of a referral from the Consumer Financial Protection Bureau, the Department of Justice and the Department of Education announced a $60 million settlement against a major student loan servicer for...more

5/15/2014 - CFPB Department of Education DOJ Military Service Members SCRA

DOE rulemaking on student aid disbursement reported to be stalled

As we reported last month, the Department of Education (DOE), with active CFPB participation, is currently engaged in a negotiated rulemaking process that is considering, among other things, revisions to the DOE’s Title IV’s...more

5/15/2014 - Department of Education Federal Student Aid Student Loans Students Title IV

CFPB takes steps to protect foster care youth from credit reporting problems

To address concerns about the vulnerability of foster care children to credit reporting problems, the CFPB has published three action letter templates for child welfare caseworkers to send to credit bureaus if they find...more

5/8/2014 - CFPB Credit Ratings Credit Reports Equifax Experian Minors TransUnion

For-profit education company sued by CFPB seeks dismissal of complaint

ITT Educational Services, the defendant in the CFPB’s first enforcement action against a for-profit education company, has filed a motion seeking dismissal of the CFPB’s complaint. Filed this past February in an Indiana...more

5/1/2014 - CFPB Colleges Dodd-Frank Enforcement Actions Itt Educational Services Student Loans Students UDAAP

CFPB student loan complaints report highlights alleged co-signer issues

The CFPB’s Student Loan Ombudsman has released a report entitled “Mid-year update on student loan complaints” that highlights issues related to co-signers of private student loans. In particular, the report focuses on...more

4/28/2014 - CFPB Cosigners Default Student Loans

W.Va. Requires Time-Barred Debt Disclosures in ‘Initial Written Communication’

The West Virginia Legislature recently passed H.B. 4360, which amended Section 46A-2-128 of the West Virginia Code, that defines what constitutes unfair or unconscionable debt collection activities. The amendments are...more

4/17/2014 - Debt Debt Collection Disclosure Requirements UDAAP

CFPB promotes online student financial aid resources

In a new blog post, the CFPB promotes its online financial aid resources to students who are now in the process of choosing which school to attend this fall. The blog post directs students to a just-launched “crisp new...more

4/17/2014 - CFPB Financial Aid Paying For College

FTC Announces Settlements with Data Brokers over Alleged FCRA Violations

The Federal Trade Commission recently announced two more settlements with data brokers for alleged violations of the Fair Credit Reporting Act (FCRA). The settlements with Instant Checkmate, Inc., InfoTrack Information...more

4/11/2014 - Credit Reports Data Brokers Data Protection FCRA FTC

Eleventh Circuit Issues Significant Ruling on TCPA Consent for Collection Calls to Cell Phones

The U.S. Court of Appeals for the Eleventh Circuit has ruled that a debtor may not provide the “prior express consent” required by the Telephone Consumer Protection Act (TCPA) for autodialed collection calls to be made...more

4/8/2014 - Cell Phones Consent Prior Express Consent Robocalling TCPA

New York Announces Settlements with Six Auto Dealers

Last week, New York Attorney General Eric Schneiderman announced settlements with six auto dealers imposing fines ranging from $7,500 to $15,000 for allegedly engaging in deceptive and misleading advertising practices. The...more

4/1/2014 - Car Dealerships CFPB False Advertising Unfair or Deceptive Trade Practices

Debt collection complaints: a numbers game?

A joint comment letter on the CFPB’s ANPR on debt collection practices was submitted by the American Bankers Association, the Consumer Bankers Association, and the Financial Services Roundtable. In their letter, the trade...more

4/1/2014 - Debt Collection

FTC and EEOC Issue Joint Guidance on Employer Use of Background Checks

A new joint publication of the Federal Trade Commission (FTC) and Equal Employment Opportunity Commission (EEOC) serves as a reminder to employers of the risks that come with the use of background information when making...more

3/18/2014 - Background Checks Criminal Background Checks EEOC FCRA FTC

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