John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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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 Financial Sector Loans Regulation B SCOTUS Spousal Guaranty

FCC Issues Citations for Violations of TCPA Consent Requirement for Autodialed or Prerecorded Telemarketing Calls

The Federal Communications Commission (FCC) recently issued citations to two companies charged with violating the Telephone Consumer Protection Act (TCPA) consent requirements for autodialed or prerecorded calls to wireless...more

9/21/2015 - Apple Pay Banking Sector Banks Cell Phones Class Action Disclosure Requirements FCC Online Banking Opt-Outs Prior Express Consent Right to Privacy Robocalling Smartphones TCPA Telecommunications Telemarketing

FTC Announces Settlement with Auto Loan Servicer for Alleged Violations of FCRA Furnisher Rule

The Federal Trade Commission (FTC) recently announced a settlement with a company that services auto loans for alleged violations of the Fair Credit Reporting Act (FCRA) “Furnisher Rule.” The settlement serves as a reminder...more

9/18/2015 - Automotive Loans CFPB Civil Monetary Penalty Consumer Lenders Consumer Reporting Agencies CRA FCRA Financial Sector Financial Services Industry FTC FTC Act Unfair or Deceptive Trade Practices

FTC provides guidance on FCRA requirements for employer background checks

When examining banks and companies subject to CFPB supervisory authority for FCRA compliance, CFPB examiners will look at whether the bank or company has followed FCRA requirements for use of background checks on employees...more

9/10/2015 - Background Checks Banking Sector Banks CFPB FCRA Financial Institutions Financial Sector FTC Hiring & Firing

NY Amends Debt Collection Regulations, Issues More Guidance

The New York Department of Financial Services (DFS) has amended several provisions of its Third-Party Debt Collector and Debt Buyer Regulations and issued additional guidance in the form of new frequently asked questions...more

9/9/2015 - Borrowers Consumer Financial Contracts Consumer Lenders Creditors Debt Buyers Debt Collection Debt Collectors FDCPA NYDFS Third-Party Agents

Interagency task force issues recommendations on federal student loan servicing contracts

Pursuant to a March 2015 Presidential directive, an interagency task force consisting of the Department of the Treasury, Department of Education, Office of Management and Budget, and Domestic Policy Council has issued...more

9/3/2015 - Best Practices CFPB Compliance Consumer Lenders DOE Educational Institutions Federal Student Loans FSA Obama Administration OMB Student Loans U.S. Treasury

11th, 6th Circuits Rule on TCPA Consent for Autodialed Calls to Cell Phones

The U.S. Courts of Appeals for the 11th and Sixth Circuits recently issued two rulings regarding when a consumer has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages or...more

9/3/2015 - Appeals Cell Phones FCC Hobbs Act Loan Modification Agreements Prior Express Consent Reasonable Expectation of Privacy Right to Privacy Robocalling TCPA Telecommunications Telemarketing Text Messages Unsolicited Phone Calls

The Next EFTA Class Action Wave Has Started

A new type of Electronic Funds Transfer Act (EFTA) class action is now being filed in volume. This trend is highly likely to continue, as the cases are being filed by a consumer class action firm that has filed hundreds of...more

9/2/2015 - Banking Sector Banks Class Action Debit and Credit Card Transactions EFTA Financial Institutions Financial Sector TCPA Written Consent

CFPB seeks information on income-driven student loan repayment plans

In a new blog post, the CFPB tells borrowers, that in response to its solicitation of borrower “stories” about problems with student loans, it has heard “about problems related to enrolling in income-driven repayment plans...more

8/19/2015 - Borrowers CFPB DOE Federal Student Loans Financial Services Industry Student Loans

CFPB files amicus brief in FDCPA case applying “meaningful attorney involvement” standard to debt collection litigation

The CFPB, jointly with the FTC, has filed an amicus brief with the U.S. Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP, the case in which the district court ruled that a debt collection law firm...more

8/18/2015 - Amicus Briefs Appeals CFPB Debt Collection Debt Collectors FDCPA FTC

FCC Fines Companies $2.96 Million for TCPA Robocall Violations, Adopts New Interpretations

The Federal Communications Commission (FCC) has recently taken two significant actions addressing robocalls under the Telephone Consumer Protection Act (TCPA)—the imposition of a $2.96 million fine and the adoption of new...more

8/17/2015 - Cell Phones Do Not Call List FCC Popular Prior Express Consent Private Right of Action Right to Privacy Robocalling Smartphones TCPA Telecommunications

Limited Liability Company Can Sue as “Person” Under FDCPA, Sixth Circuit Rules

A limited liability company is a “person” that can file a lawsuit under the Fair Debt Collection Practices Act (FDCPA), the U.S. Court of Appeals for the Sixth Circuit has ruled. In Anarion Investments LLC v. Carrington...more

8/14/2015 - Appeals Civil Liability Debt Collectors FDCPA Financial Institutions Financial Services Industry Foreclosure FTC Homeowners Limited Liability Companies LLC Mortgage Lenders Mortgage Servicers Mortgages

New York City Can Regulate Attorney Debt Collection Conduct, Second Circuit Rules

New York City can regulate the conduct of attorneys engaged in debt collection, the U.S. Court of Appeals for the Second Circuit has ruled. In Eric M. Berman, P.C. and Lacy Katzen, LLP v. City of New York, et al., the...more

8/10/2015 - Consumer Financial Contracts Debt Collection Debt Collectors Licensing Rules Popular Preemption Young Lawyers

To Stay or Not to Stay, That Is the Question Answered by the Second Circuit

Weighing in on an issue that has divided the federal courts of appeals, the Second Circuit has held that under the Federal Arbitration Act (FAA), a court that grants a motion to compel arbitration of all claims must stay the...more

8/3/2015 - Arbitration Article III Class Action Corporate Counsel Dispute Resolution Federal Arbitration Act Motion to Compel Stays

Eighth Circuit: Purpose, Not Content, Determines TCPA Coverage of Calls as “Telemarketing”

Phone calls made to promote a movie constituted “telemarketing” under the Telephone Consumer Protection Act (TCPA) even though the two prerecorded messages left on the plaintiffs’ home phone line made no reference to the...more

7/30/2015 - Article III Class Action Corporate Counsel Do Not Call List Popular Putative Class Actions Robocalling SCOTUS Spokeo Spokeo v Robins Standing TCPA Telemarketing

Envelope’s Display of Bar Code With Embedded Account Number Violates FDCPA, Federal Court Rules

A federal court in Pennsylvania has ruled that a debt collector violated the Fair Debt Collection Practices Act (FDCPA) by sending a collection letter in an envelope that allegedly revealed a barcode in which the plaintiff’s...more

7/29/2015 - Debt Collection Debt Collectors FDCPA Financial Services Industry Motion to Dismiss

Defense Department Dramatically Expands Scope of Military Lending Act

The Department of Defense (DoD) dramatically expanded the scope of the Military Lending Act (MLA) on July 22, 2015, publishing its Final Rule amending the MLA’s implementing regulation. MLA coverage was previously limited to...more

7/28/2015 - Automotive Loans CFPB Consumer Lenders Credit Unions DOD Financial Services Authority Higher Education Act Lenders Military Lending Act Military Service Members Payday Loans Regulation Z Title IV

Maryland Appeals Court Declines to Adopt “Meaningful Attorney Involvement” Standard

The Maryland Court of Special Appeals recently declined to adopt the “meaningful attorney involvement” standard for Fair Debt Collection Practices Act (FDCPA) claims based on alleged insufficient attorney involvement in debt...more

7/24/2015 - Appeals Claim Preclusion Collateral Estoppel Debt Buyers Debt Collection Debtors FDCPA Midland Funding Res Judicata

Connecticut Enacts New Licensing Requirement and Prohibitions for Student Loan Servicers

Connecticut’s new “An Act Concerning A Student Loan Bill of Rights” creates a licensing requirement for servicers of student loans made to state residents and imposes other significant new requirements and prohibitions on...more

7/15/2015 - Banks Licensing Rules Loan Servicing Ombudsman Student Loans

FCC Order Creates New TCPA Challenges for Companies

As previously reported, the Federal Communications Commission recently approved a Declaratory Ruling and Order (the Order) addressing a number of petitions that requested the FCC clarify its interpretations of the Telephone...more

7/14/2015 - Auto-Dialed Calls Collection Agencies Debt Collection Declaratory Rulings Exemptions FCC Financial Institutions Healthcare Prior Express Consent Revocation TCPA Telemarketing Text Messages

OCC Report Identifies Risks to Banks, Sets Supervisory Priorities

A new report issued by the federal Office of the Comptroller of the Currency (OCC) identifies top safety and soundness risks to national banks and federal savings associations, as well as OCC supervisory priorities for the...more

7/13/2015 - Banking Regulators Banking Sector Banks BSA/AML Chief Compliance Officers Compliance Depository Institutions OCC Risk Assessment Supervision

CFPB issues new report on servicemember student loans

A new CFPB report entitled “Overseas & Underserved: Student Loan Servicing and the Cost to Our Men and Women in Uniform” contains the CFPB’s findings regarding student loan servicing problems faced by...more

7/10/2015 - CFPB Military Service Members Student Loans

FFIEC Tool Helps You Assess Cyber Risk

The Federal Financial Institutions Examination Council (FFIEC) has released its long-awaited Cybersecurity Assessment Tool (Assessment) to help financial institutions identify the inherent risks faced by a company and...more

7/9/2015 - Bank Examinations Cyber Threats Cybersecurity FFIEC Financial Institutions OCC Risk Assessment Risk Management Security and Privacy Controls

FTC, Florida AG File Action to Stop Alleged Telemarketing Debt Relief Scam Targeting Seniors

The Federal Trade Commission (FTC) and the Florida Attorney General (AG) have jointly filed a complaint in a Florida federal court against several companies and their individual owners alleging that the defendants engaged in...more

7/3/2015 - Computer Fraud and Abuse Act Consumer Lenders Debt-Relief Industry Elder Abuse Enforcement Actions FDUTPA Financial Abuse Financial Institutions FTC FTCA Nonbank Firms Telemarketing

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