John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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FTC Backs FCC’s Proposed Rule on TCPA Amendments for Calls Collecting Government Debt

The Federal Trade Commission's (FTC) Bureau of Consumer Protection issued a Staff Comment on June 16, 2016, supporting several of the Federal Communication Commission's (FCC) proposed regulations implementing amendments to...more

6/22/2016 - Corporate Counsel Debt Collection FCC Federal Loans FTC Loans Prior Express Consent TCPA

Regulators Raise Marketplace Lending Concerns at FTC FinTech Forum

The Federal Trade Commission (FTC) recently held a FinTech forum addressing marketplace lending. The forum was promoted by the FTC as the first in a series it plans to hold exploring emerging financial technology and its...more

6/21/2016 - Banking Sector Consumer Financial Products Consumer Lenders ECOA FCRA Financial Services Industry FinTech FTC Innovative Technology Online Marketplace Lending Popular

Ban Proposed on Mandatory Pre-Dispute Arbitration Agreements by Schools Receiving Title IV Aid for Student Borrowers

The U.S. Department of Education has issued a proposed rule that includes a ban on mandatory pre-dispute arbitration agreements by schools receiving Title IV assistance under the Higher Education Act (HEA) and a new federal...more

6/20/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Department of Education Federal Arbitration Act Higher Education Act Student Loans Title IV

Modernize TCPA, ACA International Urges in White Paper

In a new white paper, ACA International, a trade association for members of the credit and collection industry, argues that the Telephone Consumer Protection Act (TCPA) must be modernized to accurately reflect the current...more

6/8/2016 - ATDS Debt Collection FCC Financial Sector Right to Privacy Robocalling TCPA Telecommunications Telemarketing Unsolicited Phone Calls White Paper

Seventh Circuit Refuses To Impose a Heightened Litigation Standard on Debt Collector

In St. John v. Cach, LLC, the U.S. Court of Appeals for the Seventh Circuit recently issued an opinion holding that the Fair Debt Collection Practices Act (FDCPA) does not prohibit debt collectors from filing collection...more

6/6/2016 - CFPB Consumer Lenders Corporate Counsel Debt Collection Debt Collectors FDCPA Litigation Strategies

CFPB urged to adopt strong protections for LEP consumers

Americans for Financial Reform (AFR) has issued a brief in which it urges the CFPB and other federal agencies to adopt strong language access protections to improve the mortgage marketplace for limited English proficiency...more

6/2/2016 - CFPB ECOA FHFA HMDA HUD Limited English Proficiency (LEP) Mortgage Lenders Mortgages RESPA UDAAP

New York DFS Brings Enforcement Action Against Two Debt Buyers for Collecting on Payday Loans

The New York Department of Financial Services (DFS) announced last week that it had entered into consent judgments with Webcollex LLC d/b/a CKS Financial (CKS) and National Credit Adjusters (NCA) for allegedly violating the...more

6/1/2016 - Civil Monetary Penalty Consumer Financial Products Debt Buyers Debt Collection FDCPA Financial Institutions NYDFS Online Marketplace Lending Payday Loans

Contractor's Use of AG Letterhead Not a Violation of FDCPA, Supreme Court Holds

The U.S. Supreme Court has unanimously held that an independent contractor to the Ohio Attorney General did not mislead consumers in violation of the Fair Debt Collection Practices Act (FDCPA) when it used the Attorney...more

5/24/2016 - Attorney Generals Class Action FDCPA SCOTUS Sheriff v. Gillie

CFPB issues guidance on deposit reconciliation practices

The CFPB and four other agencies have issued “Interagency Guidance Regarding Deposit Reconciliation Practices.”  The other agencies are the OCC, Fed, FDIC, and NCUA.  The guidance is intended to set forth the agencies’...more

5/20/2016 - Banking Sector Banks CFPB Deposit Accounts FDIC Federal Reserve NCUA OCC Policies and Procedures

Treasury Releases White Paper on Online Marketplace Lending

The U.S. Treasury Department has released a white paper addressing the online marketplace lending industry. Based in part on the responses to Treasury's July 2015 Request for Information (RFI), the white paper offers a broad...more

5/16/2016 - Community Development Entities Consumer Lenders Financial Sector Financial Services Industry Loans Online Marketplace Lending Peer-to-Peer Request For Information Small Business Transparency U.S. Treasury White Paper

New Guidance Issued on FCRA Compliance in Employee Screening

The Federal Trade Commission (FTC) has issued new guidance to help background screening companies comply with the Fair Credit Reporting Act (FCRA) when conducting background checks on current or prospective employees. The new...more

5/16/2016 - Background Checks Corporate Counsel Credit Reports Employer Liability Issues FCRA FTC Hiring & Firing Job Applicants New Guidance Screening Procedures

FCC’s Proposed Regulations Would Gut TCPA Exception for Debts Owed to or Guaranteed by U.S.

The Bipartisan Budget Act of 2015 (Act) amended the Telephone Consumer Protection Act (TCPA) to remove the prior express consent requirement for calls ''made solely to collect a debt owed to or guaranteed by the United...more

5/13/2016 - ATDS Banking Sector Bipartisan Budget Cell Phones Comment Period Debt Collection FCC Federal Loans Mortgages NPRM Prior Express Consent TCPA

Dept. of Education announces student loan credit reporting and servicing initiatives

Last week, the CFPB announced that it had issued a Request for Information seeking comment on a set of prototype disclosures (the “Payback Playbook”) to assist federal student loan borrowers in selecting between alternative...more

5/3/2016 - Borrowers CFPB Credit Reports Department of Education Request For Information Student Loans

CFPB seeking comment on new repayment plan disclosures for federal student loan borrowers

The CFPB has issued a Request for Information (RFI) seeking comment on a set of prototype disclosures to assist federal student loan borrowers in selecting between alternative repayment plans.  Comments are due on or before...more

4/29/2016 - Borrowers CFPB Comment Period Financial Sector Military Service Members Request For Information Student Loans

CFPB lacked authority to issue CID issued to college accrediting organization, D.C. federal district court rules

The D.C. federal district court has ruled that the CFPB exceeded its statutory authority when it issued a CID to the Accrediting Council for Independent Colleges and Schools (ACICS) in August 2015....more

4/25/2016 - Accreditation CFPB Civil Investigation Demand For Profit Colleges Jurisdiction Statutory Authority Student Lending Examination Procedures Universities

Industry Trade Groups Renew Challenge to HUD Disparate Impact Rule

Two industry trade associations whose members sell homeowners insurance have been granted leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule (Rule) adopted by the...more

4/22/2016 - Administrative Procedure Act Affordable Housing Disparate Impact Fair Housing Act (FHA) Homeowner's Insurance Motion to Amend Race Discrimination SCOTUS Texas Dept of Housing v Inclusive Communities

TCPA Exemption for Collection of Federal Debts Applies Retroactively, CA Federal Court Rules

The new Telephone Consumer Protection Act (TCPA) exemption for calls made to cellular numbers to collect debts owed to or guaranteed by the United States applies retroactively to calls made before the exemption's effective...more

4/18/2016 - ATDS Bipartisan Budget Cell Phones Debt Collection Exemptions FCC Federal Loans Federal Student Loans Popular Retroactive Application TCPA

Second Circuit Resolves Lower Court Split over Interest and Late Fees in FDCPA Claims

When a consumer's current balance will increase over time due to interest and late fees, a debt collection notice must disclose this information, the U.S. Court of Appeals for the Second Circuit has ruled. In Avila v....more

4/8/2016 - Debt Debt Collection Disclosure Requirements FDCPA Financial Sector Interest Rates Late Fees Safe Harbors

FTC Highlights FDCPA Risks for Debt Collectors Using Social Media, Texts

The Federal Trade Commission (FTC) recently published a reminder to debt collectors of the Fair Debt Collection Practices Act (FDCPA) compliance risks that are created by the use of social media or text messages in connection...more

4/1/2016 - Advanced Notice of Proposed Rulemaking (ANPRM) Cell Phones CFPB Corporate Counsel Debt Collection Debt Collectors Facebook FDCPA FTC Popular Risk Management Social Media TCPA Text Messages

Loan Guarantors Are Not ''Applicants'' under ECOA, Equally Divided U.S. Supreme Court Affirms

An equally divided U.S. Supreme Court has affirmed the Eighth Circuit's decision in Hawkins v. Community Bank of Raymore, which upheld a federal district court ruling that the Equal Credit Opportunity Act (ECOA) does not...more

3/28/2016 - Banking Sector ECOA Guarantors Hawkins v Community Bank of Raymore Regulation B SCOTUS Spousal Guaranty

CFPB issues advisory and report on elder financial abuse

The CFPB has issued an advisory and a report with recommendations for banks and credit unions on how to prevent, recognize, report, and respond to financial exploitation of older Americans. The CFPB’s press release describes...more

3/25/2016 - CFPB Elder Abuse Elder Issues Exploitation Financial Abuse Financial Institutions

Dept. of Education considering ban on use of arbitration agreements by schools receiving Title IV assistance

We recently blogged about Public Citizen, Inc.’s petition to the Department of Education requesting the Department to adopt a rule requiring schools to agree, as a condition of receiving Title IV assistance under the Higher...more

3/18/2016 - Arbitration Agreements Department of Education Federal Student Loans Higher Education Act Student Enrollment Title IV

FCC Chairman Previews Proposed Regulations for Implementing New TCPA Exemptions

A recent letter from Federal Communications Commission (FCC) Chairman Tom Wheeler describes the regulations being considered by the FCC for implementing new Telephone Consumer Protection Act (TCPA) exemptions for calls made...more

3/16/2016 - Auto-Dialed Calls Corporate Counsel Debt Collection Exemptions FCC IRS NPRM Popular Prior Express Consent Robocalling TCPA

Fifth Circuit Rejects Constitutional Challenge to Texas "No Credit Card Surcharge" Law

A Texas law that prohibits merchants from imposing a surcharge on credit card purchases, but allows a discount for cash purchases, does not violate the First Amendment of the U.S. Constitution, a divided panel of the U.S....more

3/14/2016 - Business Conduct Standards Corporate Counsel Credit Card Surcharges Debit and Credit Card Transactions Due Process Financial Services Industry First Amendment Fourteenth Amendment

FTC Examines Process by which Companies Assess Compliance with PCI DSS

The Federal Trade Commission (FTC) has issued orders to obtain information about the process by which businesses audit their compliance with the Payment Card Industry Data Security Standards (PCI DSS) and the role of such...more

3/10/2016 - CFPB Credit Cards Data Protection Dwolla FTC Online Payments PCI-DSS Standard Reporting Requirements Retail Market

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