John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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CFPB continues work on student loan payback playbook disclosures

The CFPB recently revised the prototype student loan Payback Playbook disclosures it has been developing with the Departments of Education and Treasury. These revisions were based on feedback from nearly 3,500 individual...more

2/1/2017 - Banking Sector Borrowers CFPB Consumer Financial Products Consumer Lenders Debt Collection Department of Education Disclosure Requirements Student Loans U.S. Treasury

DOJ Files Redlining Lawsuit Against KleinBank

The U.S. Department of Justice (DOJ) recently commenced a redlining lawsuit against KleinBank, a state-chartered Minnesota bank subject to the regulatory authority of the Federal Deposit Insurance Corporation (FDIC). The...more

1/31/2017 - Banking Sector CFPB Community Reinvestment Act Consumer Financial Products Consumer Lenders Discriminatory Lending Practices DOJ ECOA Fair Housing Act (FHA) HMDA Mortgage Lenders Mortgages Race Discrimination Redlining

Letter Warning of Lien Recordation Subject to FDCPA, Ninth Circuit Holds

A law firm's letter, warning that a lien would be recorded against a woman's home if she failed to pay her annual homeowners association fees, is not exempt from the Fair Debt Collection Practices Act (FDCPA) as an attempt to...more

1/26/2017 - Appeals Debt Collection Debt Collectors FDCPA HOA Dues Liens Motion to Dismiss

Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability

In a case presenting a question of first impression in the federal courts of appeals, the Ninth Circuit has held that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant's...more

1/25/2017 - Consumer Reports Corporate Counsel Disclosure Requirements Employer Liability Issues FCRA Financial Services Industry Hiring & Firing Job Applicants Waivers

Data Breach Class Action Reinstated Against Horizon Healthcare Services Inc.

The U.S. Court of Appeals for the Third Circuit has vacated a district court's dismissal of a data breach class action filed against Horizon Healthcare Services Inc., in the wake of the 2013 theft of two computer laptops...more

1/24/2017 - Appeals Article III Class Action Data Breach Electronic Medical Records FCRA Health Care Providers Healthcare HIPAA HIPAA Breach Injury-in-Fact Laptop Computers Personally Identifiable Information PHI Standing

CFPB releases report on student loan debt owed by older consumers

The CFPB has released a new report, “Snapshot of older consumers and student loan debt,” that provides statistics on the growing number of consumers age 60 and over (older consumers) who owe student loan debt and the growing...more

1/6/2017 - Banking Sector Borrowers CFPB Consumer Complaint Management Consumer Financial Products Consumer Lenders Student Loans

DOJ Files Consent Order Against Union Savings Bank, Guardian Savings Bank

The U.S. Department of Justice (DOJ) has filed a consent order against Union Savings Bank and Guardian Savings Bank to resolve redlining allegations. The complaint alleges that the banks violated the Fair Housing Act (FHA)...more

1/5/2017 - Banking Sector Banks Consent Order Consumer Financial Products DOJ ECOA Fair Housing Act (FHA) FDIC Financial Services Industry Jurisdiction Mortgages OCC Race Discrimination Redlining

CFPB releases report on college credit card agreements and compliance bulletin

The CFPB released its annual report on college credit card agreements (the fifth issued by the CFPB), together with a compliance bulletin regarding the obligation of colleges and universities under the CARD Act to publicly...more

12/16/2016 - Banking Sector CARD Act CFPB CFPB Bulletins Colleges Consumer Financial Products Credit Card Agreements Credit Cards Department of Education Higher Education Act Reporting Requirements Students Universities

D.C. Circuit to hold Feb. 2 argument on CFPB authority to issue CID to college accrediting organization

The D.C. Circuit will hear oral argument on February 2, 2017 on the CFPB’s appeal from the D.C. federal district court’s April 2016 ruling that the CFPB exceeded its statutory authority when it issued a CID to the Accrediting...more

12/16/2016 - Accreditation Appeals CFPB CID Colleges Consumer Financial Products Consumer Lenders Financial Aid Financial Sector For Profit Colleges For Profit Education Statutory Authority

CFPB issues brief on consumers without credit histories or credit scores

In May 2015, the CFPB issued a report, “Data Point: Credit Invisibles,” that documented the results of a research project undertaken by the CFPB to better understand the demographic characteristics of consumers without...more

12/14/2016 - CFPB Consumer Reporting Agencies Credit History Credit Reports Financial Sector Low-Income Issues

Application of FDCPA to Social Security benefits at issue in CFPB Second Circuit amicus brief

The CFPB has filed an amicus brief in support of the plaintiff in Arias v. Gutman, Mintz, Baker & Sonnenfeldt, PC and 1700 Development Co., a FDCPA case on appeal to the U. S. Court of Appeals for the Second Circuit. In its...more

11/17/2016 - Amicus Briefs Banking Sector Banks CFPB Debt Collection Default Judgment Elder Issues FDCPA Garnishment Landlords Rent Social Security Benefits Unfair or Deceptive Trade Practices

Envelope’s Display of Barcode With Embedded Account Number Does Not Violate FDCPA, Court Rules

A federal district court in Florida 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 a barcode in which the...more

11/10/2016 - Article III Corporate Counsel Debt Collection Debt Collectors FDCPA Financial Sector Financial Services Industry Injury-in-Fact Spokeo v Robins Standing

The CFPB’s Latest LEP Guidance: A Step in the Right Direction

Serving consumers with limited English proficiency (“LEP Consumers”) is one of the most challenging issues facing financial institutions today. The logistical challenges of ensuring accurate translations, dealing with...more

11/9/2016 - Advertising Banking Sector CFPB Fair Lending Financial Institutions Financial Services Industry Limited English Proficiency (LEP) Marketing UDAAP

Dept. of Ed. Bans Pre-Dispute Arbitration Agreements by Title IV Schools

The U.S. Department of Education has issued a final rule that broadly addresses the ability of a student to assert a school's misconduct as a defense to repayment of a federal student loan. The final rule includes a ban on...more

11/4/2016 - Arbitration Agreements Borrowers CFPB Consumer Financial Products Department of Education Educational Institutions Federal Arbitration Act Federal Student Loans Higher Education Act Loans Misrepresentation Program Participation Agreements (PPAs) Title IV

CFPB Student Loan Ombudsman’s fifth annual report highlights complaints about transition from default to income-driven repayment...

The CFPB has released its fifth Annual report of the CFPB 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....more

10/20/2016 - Banking Sector Borrowers CFPB Consumer Complaint System Consumer Financial Products Consumer Lenders Debt Collection Federal Student Loans Financial Institutions Ombudsman Student Loans

Supreme Court to Resolve Circuit Split Over Filing Bankruptcy Proof of Claim on Time-Barred Debt

The U.S. Supreme Court granted certiorari last week in Midland Funding, LLC v. Aleida Johnson, a decision of the 11th Circuit that held that Midland’s filing of a proof of claim in the plaintiff’s bankruptcy case on a...more

10/18/2016 - Bankruptcy Code Certiorari Consumer Bankruptcy FDCPA Financial Sector Financial Services Industry Midland Funding Time-Barred Debt

FTC Targets Auto Dealers, Alleges Deceptive Financing Practices

The Federal Trade Commission (FTC) has filed an action against nine auto dealerships and their individual owners in a California federal court that the FTC described as its "first action against an auto dealer for 'yo-yo'...more

10/14/2016 - Advertising Automotive Industry Automotive Loans Banking Sector Car Dealerships Consumer Financial Products Consumer Lenders False Advertising FTC Regulation M Regulation Z Retail Installment Sales Contracts Title Loans Unfair or Deceptive Trade Practices

DOJ Settles Fair Lending Claims Based on Bank's Pricing Policy for Vehicle-Secured Loans

The U.S. Department of Justice (DOJ) has announced a proposed consent order with Charter Bank to settle charges that the bank violated the Equal Credit Opportunity Act (ECOA) by discriminating on the basis of national origin...more

10/11/2016 - Banking Sector Banks Consent Order Consumer Financial Products Consumer Lenders Discretionary Functions Discrimination Disparate Treatment DOJ ECOA FDIC Interest Rates Loans National Origin National Origin Discrimination

California Enacts New Licensing Requirements for Student Loan Servicers

Student loan servicers located in California servicing loans made to residents of any state and those located elsewhere servicing loans made to California residents will be subject to a new licensing requirement created by...more

10/10/2016 - Borrowers CFPB Consumer Financial Products Consumer Lenders Financial Services Industry Licensing Rules Student Loans Students

Subsequent debt collectors must send FDCPA validation notice, Ninth Circuit rules

The Ninth Circuit has ruled that the FDCPA requirement in 15 U.S.C. §1692g(a) for “a debt collector” to send a validation notice either in “the initial communication” or “[w]ithin five days after the initial communication...more

10/5/2016 - CFPB Debt Collection Debt Collectors FDCPA Financial Sector FTC Notice Requirements Summary Judgment

SCOTUS to Decide Constitutionality of State "No Credit Card Surcharge" Laws

The U.S. Supreme Court has agreed to decide whether state laws that prohibit merchants from imposing a surcharge on credit card purchases violate the First Amendment. The petition for certiorari granted by the Supreme Court...more

10/3/2016 - Credit Card Surcharges Credit Cards Debit and Credit Card Transactions First Amendment Free Speech Merchants Petition for Writ of Certiorari Purchase Price Retail Market Retailers

CFPB discusses handling of student loan partial prepayments by servicers

In a new blog post by Student Loan Ombudsman Seth Frotman, the CFPB discusses its concerns regarding how student loan servicers may be responding to borrowers seeking to make partial prepayments on their student loans and...more

9/29/2016 - Banking Sector Borrowers CFPB Consumer Financial Products Financial Services Industry Loan Servicer Ombudsman Payment Terms Private Student Loans Student Loans Students

HUD Fair Housing Guidance Raises ECOA Risk in Serving LEP Consumers

New guidance issued by the U.S. Department of Housing and Urban Development (HUD) on Fair Housing Act (FHA) protections for persons with limited English proficiency (LEP) could have reverberations under the Equal Credit...more

9/26/2016 - Affordable Housing Banking Sector Discrimination Disparate Impact ECOA Fair Housing Act (FHA) HUD Limited English Proficiency (LEP) Mortgages Rental Property

CFPB builds case for ECOA protection for gender identity and sexual orientation

While CFPB officials have suggested in public remarks that the Equal Credit Opportunity Act’s prohibition against discrimination on the basis of “sex” includes discrimination based on gender identity and sexual orientation, a...more

9/22/2016 - Banking Sector CFPB Corporate Counsel ECOA Fair Lending Financial Services Industry Gender Discrimination Gender Identity LGBT Policies and Procedures Richard Cordray Sex Discrimination Sexual Orientation Discrimination Transgender

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