John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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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

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

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

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

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

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

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

FTC Gets 3 Million Consumer Complaints in 2015

The Federal Trade Commission (FTC) received more than 3 million consumer complaints in 2015 with debt collection topping the list, according to its newly released Consumer Sentinel Network Data Book. The annual report, which...more

3/8/2016 - CFPB Consumer Complaint Database Corporate Counsel Debt Collection FTC Identity Theft Sweepstakes Telecommunications

CFPB Initiates Its First Data Security Enforcement Action

The Consumer Financial Protection Bureau (CFPB) has announced its first data security enforcement action. Since the 1990s, the Federal Trade Commission (FTC) has primarily taken on the role as the de facto federal regulator...more

3/4/2016 - CFPB Data Security Dwolla Enforcement Actions Gramm-Leach-Blilely Act Online Payments PCI-DSS Standard UDAAP

ACA International white paper takes aim at misleading use of CFPB complaint data

A new white paper issued by ACA International takes aim at the use of CFPB complaint data by The Alliance for a Just Society in a report titled “Unfair, Deceptive, and Abusive: Debt Collectors Profit from Aggressive Tactics.”...more

2/26/2016 - CFPB Consumer Complaint System Debt Collection Unfair or Deceptive Trade Practices

FTC sends letter to CFPB on 2015 debt collection activities

The FTC has sent a letter to the CFPB summarizing the FTC’s debt collection activities in 2015. The letter is intended to provide the CFPB with information for its annual report to Congress on the federal government’s FDCPA...more

2/23/2016 - CFPB Debt Buyers Debt Collection FDCPA FTC

Federal Reserve Repeals Regulation AA, Proposes Repeal of Regulation C

The Federal Reserve Board (Board) is repealing Regulation AA, which includes the Board's credit practices rule, effective March 21, 2016. The Board is also proposing to repeal its Regulation C, which historically implemented...more

2/19/2016 - Banks CFPB Comment Period Dodd-Frank Federal Reserve FTC Act HMDA Mortgages Regulation AA Regulation C

Department of Education Creates Student Aid Enforcement Unit

The U.S. Department of Education is creating a Student Aid Enforcement Unit to respond to allegations of illegal actions by higher education institutions. The announcement closely follows the Department's and Federal Trade...more

2/17/2016 - CFPB Department of Education Educational Institutions Enforcement Student Loans

Deadline Extended for Requesting Direct Access to Military Loan Act Database

The Department of Defense has extended the deadline for requesting direct access to its Military Loan Act (MLA) Defense Manpower Data Center (DMDC) database until February 15, 2016. Under amendments to the MLA's implementing...more

2/5/2016 - CFPB Consumer Lenders Databases Deadlines Department of Defense (DOD) Military Lending Act Military Service Members Safe Harbors

FTC Announces ''Operation Collection Protection'' Developments

The Federal Trade Commission (FTC) has announced new developments in ''Operation Collection Protection,'' its new coordinated federal-state enforcement initiative targeting unlawful debt collection practices. The U.S....more

1/16/2016 - Attorney Generals CFPB Debt Collection DOJ Enforcement Actions FDCPA FTC FTC Act

Former CFPB student loan ombudsman joins Education Dept.

Politico has reported that Rohit Chopra, the CFPB’s former student loan ombudsman, has joined the Education Department in a senior leadership position focused on protecting student borrowers. Politico also reported that in...more

1/15/2016 - CFPB Colleges Department of Education Federal Student Loans Military Service Members

FTC Proposes Survey of Consumer Experience in Financing Auto Purchases through Dealers

The Federal Trade Commission has announced plans to conduct a survey of consumers regarding their experiences in buying and financing automobiles at dealerships. According to the supplementary information in the notice...more

1/6/2016 - Automotive Loans Car Dealerships CFPB ECOA FTC Surveys Truth in Lending Act (TILA)

CFPB releases report on college credit card agreements, student account toolkit and warning letters

Earlier this week, the CFPB released  its sixth annual report on college credit card agreements, together with a new toolkit for schools to use when considering potential co-sponsorships of financial accounts, such as prepaid...more

12/18/2015 - CARD Act CFPB Credit Card Agreements Disclosure Requirements Educational Institutions

CFPB files petition in D.C. federal court to enforce CID issued to college accrediting organization

On October 29, 2015, the CFPB filed a petition in D.C. federal court to enforce the CID it issued on August 25, 2015 to the Accrediting Council for Independent Colleges and Schools (ACICS). ACICS’ petition to modify or set...more

11/12/2015 - Accreditation CFPB Civil Investigation Demand For Profit Colleges Student Loans

CFPB Announces Consent Order with Employment Background Screening Report Providers

The Consumer Financial Protection Bureau’s (CFPB) announcement that it has entered into a consent order with two affiliated companies that generate and provide employment background screening reports serves as a reminder to...more

11/9/2015 - Background Checks CFPB Consumer Reporting Agencies FCRA Hiring & Firing Popular

Director Cordray defends CFPB authority to investigate college accrediting organization

Director Cordray is reported to have defended the CFPB’s authority to investigate a college accrediting organization at a recent Politico event. On October 8, 2015, the CFPB issued a decision and order denying the petition of...more

11/6/2015 - Accreditation Bank Service Providers CFPB CID Colleges Consumer Financial Products Department of Education Educational Institutions Enforcement Actions Financial Institutions Unfair or Deceptive Trade Practices

Lawmakers seek rescission of CID issued to college accrediting organization

Senator Lamar Alexander and Representative John Kline sent a letter to Director Cordray on October 23, 2015 requesting that he “immediately rescind the issuance of a civil investigative demand to the Accrediting Council for...more

11/5/2015 - Accreditation CFPA CFPB Civil Investigation Demand Colleges Compliance Department of Education DOE Educational Institutions Financial Institutions Higher Education Act UDAAP Universities

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