John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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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

CFPB highlights impact of student debt on communities of color

In a new blog post, the CFPB states that recent research “underscores the disproportionate impact of student debt on communities of color.” According to the CFPB, federal government data shows that over 90 percent of...more

9/20/2016 - Banking Sector Borrowers CFPB Consumer Financial Products Consumer Lenders Minorities Student Loans Students

CFPB enters into consent order with for-profit college owner

The CFPB announced that it has entered into a consent order with Bridgepoint Education, Inc., the owner of two for-profit colleges, to settle charges that the company’s representatives engaged in deceptive acts or practices...more

9/13/2016 - CFPB Civil Monetary Penalty Colleges Consent Order Consumer Financial Products Educational Institutions For Profit Colleges For Profit Education Student Loans Students Unfair or Deceptive Trade Practices

4th Circuit: Filing Proof of Claim on Time-Barred Debt Did Not Violate FDCPA

A debt collector did not violate the Fair Debt Collection Practices Act (FDCPA) by filing proofs of claim in bankruptcy cases on debts that were time-barred by Maryland’s statute of limitations (SOL), a divided U.S. Court of...more

9/12/2016 - Bankruptcy Code Chapter 13 Consumer Bankruptcy Corporate Counsel Debt Buyers Debt Collection FDCPA Financial Sector Financial Services Industry Proof of Claims Statute of Limitations Time-Barred Debt

California Federal Court Dismisses TCPA Claims for Lack of Article III Standing

A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more

9/7/2016 - Article III ATDS Auto-Dialed Calls Banking Sector Consumer Lenders Debt Collection Debt Collectors Invasion of Privacy Prior Express Consent Robocalling Spokeo v Robins Standing TCPA

District Court Dismisses Disparate Impact Claim of Inclusive Communities

A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more

9/2/2016 - Affordable Housing Burden-Shifting Causation Discrimination Dismissals Disparate Impact Fair Housing Act (FHA) HUD LIHTC Pleading Standards Race Discrimination Texas Dept of Housing v Inclusive Communities Title VII

CFPB report on community networks to combat elder financial abuse and resource guide highlight role of financial institutions

The CFPB has issued a new elder financial abuse report, “Report and Recommendations: Fighting Elder Financial Exploitation through Community Networks,” and a related resource guide, “A Resource Guide for Elder Financial...more

8/26/2016 - Banking Sector CFPB Elder Abuse Elder Issues Exploitation Financial Abuse Financial Institutions

Student loan complaint update highlights IDR plan application issues

The CFPB’s Student Loan Ombudsman has released a new “Mid-year update on student loan complaints” that highlights issues related to income-driven repayment plan (IDR) application issues. The update covers complaints...more

8/25/2016 - Banking Sector CFPB Consumer Complaint Database Consumer Financial Products Debt Collection Federal Student Aid Ombudsman Student Loans

California Federal Court Dismisses TCPA Claims for Lack of Article III Standing

A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more

8/22/2016 - Article III Auto-Dialed Calls Banking Sector Corporate Counsel Debt Collection Dismissals Injury-in-Fact Popular Prior Express Consent Robocalling Standing TCPA

Voicemail Message Without Express Statement It Was From Debt Collector Did Not Violate FDCPA, Ninth Circuit Rules

A debt collection law firm did not violate the Fair Debt Collection Practices Act (FDCPA) by leaving a voicemail message for the plaintiff that identified the law firm but did not expressly state that the law firm was a debt...more

8/12/2016 - Appeals Corporate Counsel Debt Collection Debt Collectors Disclosure Requirements FDCPA Financial Sector Financial Services Industry Voicemail

FCC Ruling Clarifies TCPA for Schools and Utilities

The Federal Communications Commission (FCC) has issued a Declaratory Ruling clarifying the application of the Telephone Consumer Protection Act (TCPA) to communications from schools and utilities. Specifically, the Ruling...more

8/10/2016 - Auto-Dialed Calls Declaratory Rulings Educational Institutions Emergency Alerts FCC Prior Express Consent TCPA Text Messages Utilities Sector

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