Keith R. Fisher

Keith R. Fisher

Ballard Spahr LLP

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CFPB Proposes Sweeping Changes for Prepaid Cards

The Consumer Financial Protection Bureau has issued an 870-page proposal for prepaid cards (including 156 pages of actual proposed rules) that mandates new disclosures, error resolution procedures, consumer liability limits...more

11/14/2014 - CFPB Prepaid Payment Products Proposed Regulation

CFPB Joins Forces with FDIC on Spanish-Language Tool to Prevent Senior Financial Abuse

Recently the CFPB joined the FDIC’s program against financial abuse of senior citizens by cooperating on the creation of a Spanish language tool for Hispanic seniors. We have previously blogged about the CFPB’s initiatives to...more

11/3/2014 - CFPB FDIC Financial Abuse

CFPB’s Rulemaking Process Gets Good Report Card from OIG Report with Only Minor Criticisms

A September 29, 2014 Report of the Joint Federal Reserve/CFPB Office of the Inspector General (OIG) concluded that the CFPB’s rulemaking process generally complies with the requirements of Section 1100G of the Dodd-Frank...more

10/8/2014 - Amended Regulation Banks CFPB Consent Order Dodd-Frank Enforcement Actions FHFA GSE Mortgage Servicing Rules OIG Rulemaking Process Small Business

CFPB finalizes rule to supervise larger participant international money transfer providers

The CFPB has issued a final rule that will allow it to supervise nonbank international money transfer providers that qualify as “larger participants” in the international money transfer market. Consistent with the proposed...more

9/18/2014 - CFPB EFTA Final Rules Money Transfer Nonbank Firms Regulation E

New Larger Participant Rule Enhances Supervision of Remittance Transfer Rule Requirements

The Consumer Financial Protection Bureau recently finalized a larger participant rule for nonbank international money transfer providers and left it largely unchanged from the rule as originally proposed in January. The new...more

9/17/2014 - CFPB Dodd-Frank EFTA Money Transfer Nonbank Firms Regulation E

CFPB, AG’s, secure $92M in debt relief for servicemembers victimized by predatory lending

The CFPB, after an investigation in cooperation with 13 state attorneys general, has entered into a consent order with Colfax Capital Corporation, a California consumer lending company (Colfax), and its wholly-owned...more

8/29/2014 - CFPB Debt Debt Collection Debt-Relief Industry Military Service Members Popular Predatory Lending

House Passes Bill to Fix Privilege Waiver Problem for Nonbanks

A bill (H.R. 5062) recently passed by the House of Representatives would amend the Consumer Financial Protection Act (the CFPA), which is Title X of the Dodd-Frank legislation, to provide protection against waiver of state...more

8/28/2014 - CFPA CFPB Dodd-Frank Nonbank Firms Privilege Waivers Title X

OCC consumer protection standards in new Bulletin may influence CFPB Debt Sales Examinations of Banks

As noted in our recent Alert, the Office of the Comptroller of the Currency (OCC) has issued Bulletin 2014-37 on Consumer Debt Sales (the “Bulletin”). The Bulletin addresses the application of consumer protection requirements...more

8/7/2014 - Banks CFPB Debt OCC

CFPB and federal banking regulators increase focus on cybersecurity

As part of their increased focus on cybersecurity, the CFPB and federal banking are taking steps to raise financial institutions’ awareness about the need for preparedness. On June 24, 2014, the Federal Financial Institutions...more

7/15/2014 - Banks CFPB Cybersecurity FFIEC SEC

OIG updated work plan adds focus to information security, compensation, and distribution of civil penalty funds

The most notable items added by the Office of Inspector General (OIG) to its work plan, updated as of July 7, 2014, are audits of the CFPB’s information security program, pay and compensation program, and distribution of...more

7/14/2014 - Audits CFPB Civil Penalty Fund Cybersecurity Dodd-Frank Federal Reserve OIG Popular

CFPB issues proposal to supervise “larger participant” international money transfer providers

We had been expecting the CFPB’s next “larger participant” proposal to be a rule for the auto finance market. Instead, the CFPB issued a proposed rule yesterday that would allow it to supervise nonbank international money...more

1/24/2014 - Banks CFPB Dodd-Frank Larger Participant Money Transfer Nonbank Firms

Prudential Regulators Clarify Supervisory Approach Relative to CFPB Mortgage Regulation

The Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the National Credit Union Administration, and the Office of the Comptroller of the Currency (the “Prudential Regulators”) have...more

12/20/2013 - Ability-to-Repay CFPB CRA FDIC Federal Reserve Mortgages NCUA OCC Qualified Mortgage Rule

CFPB issues examination procedures for remittance transfers

The Bureau has updated its examination manual with procedures to be followed when examining institutions that make remittance transfers for consumers. A remittance transfer is a wire transfer sent by a consumer in the United...more

10/23/2013 - CFPB Dodd-Frank Electronic Fund Transfer Act Federal Reserve Fraudulent Wire Transfers Regulation E Remittance Transfer Rule UDAAP

CFPB issues interim final rule on temporary C&Ds

The CFPB has issued an interim final rule with a request for public comment on its new rules of practice for the issuance of temporary cease-and-desist orders (“Temporary C&Ds”). The Bureau is authorized to issue Temporary...more

9/30/2013 - Cease and Desist CFPB FDIA

CFPB joins other federal regulators in announcing GLBA privacy exemption

On September 24, 2013, the CFPB joined the CFTC, the SEC, the FTC, the NCUA, and the prudential bank regulatory agencies (the Federal Reserve, the OCC, and the FDIC) in the issuance of an Interagency Guidance on Privacy Laws...more

9/26/2013 - CFPB Elder Abuse Exemptions GLBA Privacy Gramm-Leach-Blilely Act

Much to do about nothing? CFPB guidelines, servicemembers and payday lending

Amid fanfare about its commitment to the protection of the military, the CFPB has released new guidelines to assist its examiners regarding payday and title loans to military servicemembers and their dependents. “Protecting...more

9/23/2013 - CFPB Military Lending Act Payday Loans Richard Cordray

The District Court’s ruling in State National Bank of Big Spring v. Lew

When the State National Bank of Big Spring case challenging the constitutionality of several titles of the Dodd-Frank Wall Street Reform & Consumer Protection Act (“Dodd-Frank”) was originally filed in June 2012, I...more

8/7/2013 - CFPB Dodd-Frank FSOC Mortgages Motion to Dismiss Orderly Liquidation Authority Standing

Further thoughts on the Supreme Court’s grant of review in NLRB v. Noel Canning

As we have reported in this blog and in an E-Alert, the Supreme Court on Monday June 24 granted certiorari in the Noel Canning case, in which the D.C. Circuit held that President Obama’s January 4, 2011 recess appointments to...more

6/26/2013 - Barack Obama Canning v NLRB Certiorari CFPB NLRB Recess Appointments Richard Cordray SCOTUS

Second Ruling against NLRB Recess Appointments Raises More Questions for CFPB

A second circuit court ruling invalidating one of President Obama’s recess appointments to the National Labor Relations Board could provide additional ammunition to anyone inclined to challenge the validity of his choice to...more

5/24/2013 - Canning v NLRB CFPB NLRB Recess Appointments

No Opposition Expected to SG’s Certiorari Petition in Noel Canning

As we reported earlier, the Solicitor General of the United States (SG) has filed in the U.S. Supreme Court a petition for a writ of certiorari to the U.S. Court of Appeals for the District of Columbia Circuit in Noel Canning...more

5/21/2013 - Canning v NLRB Certiorari CFPB NLRB Pro Forma Sessions Recess Appointments Richard Cordray SCOTUS

The S.G.’s Cert. Petition in Noel Canning; No Opposition Will Be Filed

As reported in last week’s news flash, the Solicitor General (S.G.), as expected, has, on behalf of the NLRB, filed in the Supreme Court a petition for a writ of certiorari to the D.C. Circuit in the Noel Canning case. As we...more

5/7/2013 - CFPB NLRB Political Appointments Recess Appointments Richard Cordray

DOJ fights back on recess appointments in Third Circuit

Recently the Department of Justice filed a letter brief in a case pending in the U.S. Court of Appeals for the Third Circuit in the hopes of dissuading that court from following the D.C. Circuit’s recent Recess Appointments...more

3/6/2013 - Canning v NLRB CFPB DOJ NLRB Recess Appointments Richard Cordray

Mortgage Banking Update - Febuary 06, 2013

In This Issue: - Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit - Industry Employers Should Prepare Now for Health Care Reform - Title...more

2/6/2013 - Affordable Care Act Agents Canning v NLRB CFPB Community State Bank Discrimination DOJ ECOA Employer Group Health Plans Equal Access to Credit FFIEC Healthcare Insurance Agents Negligence NLRB Pay or Play Race Discrimination Recess Appointments Richard Cordray Social Media Title Examination Title Insurance Underwriting

D.C. Circuit NLRB Decision Casts Doubt on Validity of Cordray Appointment

The validity of President Obama’s January 2012 recess appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau is now under a dark cloud as a result of the decision by the U.S. Court of Appeals...more

1/29/2013 - Barack Obama Canning v NLRB CFPB NLRB Political Appointments Pro Forma Sessions Recess Appointments Richard Cordray

A CFPB Christmas carol: first coordinated action with states

In the first action of its kind since the agency’s creation, the CFPB, Attorneys General from New Mexico, North Carolina, North Dakota, and Wisconsin, and the Hawaii Office of Consumer Protection joined forces to enjoin a...more

12/28/2012 - Advertising Attorney Generals CFPB Dodd-Frank Payday Loan Debt Solution Inc Payday Loans Penalties Restitution Telemarketing

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