John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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FCC Seeks Comments on Easing TCPA Requirements for Educational Organizations

In a recent announcement, the Federal Communications Commission (FCC) asked for public comments on a petition to relax some of the Telephone Consumer Protection Act's (TCPA’s) requirements for educational organizations. If...more

3/30/2015 - Educational Institutions Exemptions FCC Prior Express Consent Robocalling TCPA

White House Issues Student Aid Bill of Rights

A Presidential Memorandum titled the "Student Aid Bill of Rights," issued last week by President Obama, calls for the creation of a new complaint system for federal student loans. This proposal is likely to result in...more

3/24/2015 - Barack Obama Consumer Complaint System Federal Student Aid Student Loans Students

NY Attorney General Enters into Far-Reaching Settlement with Largest Credit Reporting Agencies

New York Attorney General Eric Schneiderman recently announced that his office reached a landmark settlement with the nation’s three leading credit reporting agencies (CRAs) that will require them to significantly reform,...more

3/20/2015 - Credit Reporting Agencies Credit Reports Equifax Experian Settlement TransUnion

FTC Issues 2014 Complaints Report

The Federal Trade Commission received more than 2.5 million consumer complaints in 2014, according to its newly released Consumer Sentinel Network Data Book. The annual report provides national and state-by-state data on...more

3/13/2015 - Annual Reports CFPB Consumer Complaint System FTC

N.Y. DFS Provides Insight on Key Provisions of Its Debt Collection Regulations

At a recent DBA International Symposium on New York State’s debt collection rules and regulations, New York Department of Financial Services (DFS) Executive Deputy Superintendent Joy Feigenbaum clarified certain provisions in...more

3/10/2015 - Debt Collection FDCPA New Regulations NYDFS

U.S. Supreme Court to Decide Whether ECOA Applies to Loan Guarantors

The U.S. Supreme Court has agreed to review whether the Equal Credit Opportunity Act (ECOA) applies to loan guarantors. The case will be argued in the Supreme Court’s term that begins in October 2015....more

3/5/2015 - ECOA Guarantors Hawkins v Community Bank of Raymore Regulation B SCOTUS

NY Attorney General, FTC Bring Joint Enforcement Actions against Debt Collectors

The New York Attorney General and Federal Trade Commission recently announced they had filed two joint federal court lawsuits against debt collectors in the Western District of New York. The Attorney General and FTC are...more

3/3/2015 - Attorney Generals Debt Collection Debt Collectors Enforcement Actions FDCPA FTC Injunctive Relief

New York Federal Court Denounces Debtor’s Attempt To Induce FDCPA Violation

A New York federal district court recently issued a strong denunciation of the practice of debtors attempting to induce debt collectors into committing violations of the Fair Debt Collection Practices Act (FDCPA). Finding...more

2/26/2015 - Audio Recording Debt Collection FDCPA Federal Rules of Civil Procedure

New York Issues Guidance on New Third-Party Debt Collector and Debt Buyer Regulations

The New York Department of Financial Services has issued guidance about its new Third-Party Debt Collector and Debt Buyer Regulations in the form of Frequently Asked Questions (“FAQs”). The FAQs provide insight on the scope...more

2/23/2015 - Debt Buyers Debt Collectors New Guidance NYDFS

Texas Federal Court Rejects Challenge to ‘No Credit Card Surcharge’ Law

A federal district court in Texas has dismissed a lawsuit brought by several merchants challenging the constitutionality of a state law that prohibits merchants from imposing a surcharge on credit card purchases. In Rowell v....more

2/11/2015 - Credit Card Surcharges Credit Cards Debit and Credit Card Transactions Dismissals Due Process First Amendment Retailers

CFPB seeks information from industry on student loan modification options and issues guidance on private student loans with ...

As a follow up to a January 2014 meeting with private student loan lenders and servicers convened by Director Cordray and Education Secretary Arne Duncan, the CFPB sent letters last week to certain “market participants”...more

2/3/2015 - CFPB FDIC Federal Reserve Lenders Loan Servicer Market Participants NCUA OCC Private Student Loans Student Loans

Third Time Is the Charm: U.S. Supreme Court Hears Argument in Disparate Impact Case

The U.S. Supreme Court recently heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.—the case presenting the issue of whether disparate impact claims are...more

1/29/2015 - Age Discrimination DHCA v Inclusive Communities Project Disparate Impact FHA HUD LIHTC Oral Argument Public Housing Authorities Racial Discrimination SCOTUS

Debt Collector’s TCPA Violation Does Not Establish FDCPA Violation, Pa. Federal Court Rules

The U.S. District Court for the Middle District of Pennsylvania recently ruled that a debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) because it failed to identify itself at the beginning of a...more

1/26/2015 - Debt Collection Debt Collectors FDCPA Robocalling TCPA

FTC continues to press concerns about credit report accuracy in follow-up report

A follow-up report on credit report accuracy issued this week by the Federal Trade Commission is likely to be cited by the CFPB as additional support for the CFPB’s concerns about inaccurate credit reporting. In December...more

1/23/2015 - CFPB Credit Reporting Agencies Credit Reports FTC Reporting Requirements

CFPB proposes scorecard for colleges seeking to partner with financial institutions

The CFPB has issued a request for information (RFI) in which it seeks comments on a draft “Safe Student Account Scorecard” to be used by colleges and universities to obtain information from prospective financial institution...more

1/15/2015 - CFPB Colleges Consumer Financial Products Financial Institutions Request For Information Students Universities

FTC Increases Exclusionary Limit for Certain Door-to-Door Sales

The Federal Trade Commission has adopted a final rule amending its Cooling-Off Rule to exclude from the Rule’s coverage door-to-door sales of consumer goods or services with a purchase price of $130 or more that are made at...more

1/9/2015 - Amended Regulation Cooling-Off Rule Door-to-Door Sales Final Rules FTC

CFPB endorses MLA expansion

In an effort to build support for the Department of Defense’s proposal to significantly expand Military Loan Act coverage, the CFPB has released a report entitled “The extension of high-cost credit to servicemembers and their...more

12/30/2014 - Banking Sector Banks CFPB DOD FDIC Military Lending Act Military Service Members

CFPB report highlights inadequate disclosure of campus financial products

In its fifth annual report on college credit card agreements, the CFPB takes financial institutions as well as colleges and universities to task for failing to adequately disclose their marketing agreements for campus...more

12/19/2014 - CARD Act CFPB Colleges Credit Cards Disclosure Requirements Marketing Universities

Amicus Curiae Oppose Disparate-Impact Liability

Recently, following the U.S. Supreme Court's grant of certiorari, more than a dozen organizations, groups, and associations filed separate amicus curiae briefs in support of the notion that the Fair Housing Act (FHA) does not...more

12/15/2014 - Disparate Impact FHA SCOTUS

CFPB requires credit bureaus to identify furnishers and industries with highest dispute rates and issues study of collections...

In conjunction with its field hearing today on medical debt collection, the CFPB released a study that “describes characteristics of the medical and non-medical collections tradelines on consumers’ credit reports and the...more

12/12/2014 - CFPB Credit Reporting Agencies Credit Reports Debt Collection

New York Issues Far-Reaching Debt Collection Regulations

The New York Department of Financial Services (DFS) published its final debt collection regulations on December 3, 2014, following an extensive rulemaking period. The regulations impose requirements on third-party debt...more

12/8/2014 - Debt Buyers Debt Collection Department of Financial Services Disclosure Requirements Electronic Communications FDCPA New Regulations Prior Express Consent

PA Elder Abuse Prevention and Reporting Update

The Elder Law Task Force of the Supreme Court of Pennsylvania (the "Task Force") recently issued a report containing 130 recommendations to prevent elder abuse in Pennsylvania. A large portion of the report and a significant...more

12/8/2014 - Elder Abuse Financial Abuse Information Reports

CFPB to hold Dec.11th field hearing on medical debt collection

The CFPB has announced that it will hold a field hearing on medical debt collection in Oklahoma City, OK on December 11. The hearing will include remarks from Director Cordray and testimony from consumer groups, industry...more

12/2/2014 - Administrative Hearings CFPB Debt Collection Healthcare Costs Richard Cordray

Federal Trade Commission Seeks Comments on Proposed Changes to Used Car Rule

The Federal Trade Commission (FTC) recently announced that it is seeking supplemental public comments on proposed changes to its Used Motor Vehicle Trade Regulation Rule (Used Car Rule) and the Used Car Buyers Guide (Buyers...more

12/1/2014 - Automotive Industry Car Dealerships FTC Proposed Amendments Public Comment

AFSA vehicle sales finance study finds significant flaws in CFPB disparate impact methodology and approach

A study of indirect auto financing commissioned by the American Financial Services Association found that the CFPB’s proxy methodology for measuring disparities in auto dealer reserve is “conceptually flawed in its...more

11/25/2014 - Auto Manufacturers Automotive Industry Automotive Loans Car Dealerships CFPB Retail Installment Sales Contracts

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