Kim Phan

Kim Phan

Ballard Spahr LLP

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Is a Uniform Debt Buying Code on Its Way?

The Uniform Law Commission (ULC), a non-partisan organization committed to drafting uniform state laws, has authorized the formation of a committee to study the need for and feasibility of state legislation to address the...more

9/4/2014 - Debt Debt Buyers OCC Uniform Law Commission

Sixth Circuit Establishes ‘Baseline’ Information To Verify a Debt

The U.S. Court of Appeals for the Sixth Circuit recently articulated a standard for verifying a debt under the Fair Debt Collection Practices Act (FDCPA) in Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC. The FDCPA...more

8/12/2014 - Appeals Condominiums Debt Collection Debt Collectors FDCPA Liens Popular

FTC Combats ‘Cramming’ in Mobile Apps and Services

In a recently released staff report, the Federal Trade Commission makes several recommendations designed to reduce “mobile cramming.” Cramming occurs when consumers access or enroll in third-party services through a mobile...more

8/4/2014 - Advertising Cell Phones Cramming Enforcement FTC Mobile Apps Mobile Devices Mobile Payments Mobile Services Third-Party Wireless Devices Wireless Industry

Independent Research Could Improve the CFPB Rulemaking Process

Recently, the Research Integrity Council (RIC) held its first Research Academic Forum, a panel discussion that focused on how independent academic research can help inform the agency rulemaking process, especially at the...more

6/16/2014 - CFPB Rulemaking Process

California Attorney General Releases Privacy Policy Guidance for 'Do Not Track' Disclosures

California Attorney General Kamala Harris recently released guidance, Making Your Privacy Practice Public, to help companies comply with the California Online Privacy Protection Act's (CalOPPA) "Do Not Track" (DNT) disclosure...more

5/28/2014 - CalOPPA Disclosure Requirements Do Not Track Enforcement Personally Identifiable Information Privacy Policy Websites

CFPB Proposes New Rules on Gramm-Leach-Bliley Act Annual Privacy Notices

The Consumer Financial Protection Bureau recently published a proposed rule that would amend Regulation P to allow financial institutions, under certain circumstances, to deliver annual privacy notices to their customers...more

5/19/2014 - Banks CFPB Gramm-Leach-Blilely Act Notice Requirements Proposed Amendments Regulation P Right to Privacy

New York Department of Financial Services To Begin Cybersecurity Examinations of Financial Institutions

On May 6, New York Governor Andrew Cuomo announced that the New York Department of Financial Services (DFS) will soon begin examining financial institutions for their cybersecurity preparedness. Governor Cuomo stated that,...more

5/9/2014 - Audits Bank Records Cybersecurity Data Breach Financial Institution Liability Information Governance Reporting Requirements

Research Integrity Council Formed to Improve CFPB Rulemaking Process

Last week, a group of representatives from across a variety of industries met to discuss the formation of a Research Integrity Council (RIC), the purpose of which will be to make recommendations to improve the quality and...more

3/24/2014 - CFPB Rulemaking Process

Latest CFPB amicus brief reveals ongoing focus on time-barred debt

Last week, the CFPB filed an amicus brief, in conjunction with the FTC, in a case involving collection practices related to time-barred debt (debt for which the statute of limitations has expired). On March 5, 2014, the CFPB...more

3/11/2014 - CFPB Debt Collection FDCPA FTC Statute of Limitations

Credit reporting remains a CFPB top priority

Credit reporting was the first industry targeted by the CFPB using its “larger participant” supervisory authority. As demonstrated by the CFPB’s actions last week, credit reporting continues to be a high CFPB priority and is...more

3/5/2014 - CFPB Credit Reports Enforcement Actions

Director Cordray calls for public and private sector businesses and organizations to help employees with their financial lives

On February 25, the Financial Literacy and Education Commission (FLEC) held a field hearing as part of America Saves Week to discuss financial education in the workplace, including how to deliver financial education to...more

2/28/2014 - CFPB Financial Literacy Richard Cordray

New Internet Top-Level Domains Unveiled

Website domain names as we know them will look dramatically different now that the menu of Internet domain name suffixes is expanding. The Internet Corporation for Assigned Names and Numbers (ICANN) recently released the...more

12/12/2013 - Brand Domain Names gTLD ICANN Registration Trademark Clearinghouse Trademarks

CFPB takes an active role at the Consumer Federation of America conference

The CFPB showed its strong support for the Consumer Federation of America (CFA) during the first day of the CFA’s 2013 Financial Services Conference entitled, “The Consumer in the Financial Services Revolution.” CFPB Director...more

12/10/2013 - CFPB Compliance Richard Cordray

Cordray reaffirms CFPB regulatory approach

As a follow-up to our recent post on Director Cordray’s plans on whether to pursue political office, we offer the highlights below from last week’s Politico Morning Money Breakfast Briefing. During the event, Politico Chief...more

11/14/2013 - CFPB Compliance Enforcement Richard Cordray

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