Kim Phan

Kim Phan

Ballard Spahr LLP

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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

FTC Challenges Privacy Self-Regulation Offered by TRUSTe

The Federal Trade Commission (FTC) recently announced an enforcement action against TRUSTe, a provider of privacy certifications for online businesses. The settlement resolves allegations that TRUSTe deceived consumers about...more

11/21/2014 - Certifications Enforcement Actions FTC Privacy Policy

FTC Continues Regulatory Scrutiny of the Debt Buying Industry

The Federal Trade Commission (FTC) recently obtained temporary injunctions against two passive debt buyers, which are companies that buy and sell debt portfolios and exclusively use third-party debt collectors. In complaints...more

11/19/2014 - Debt Buyers Enforcement Actions FTC Junk Debt OCC Preliminary Injunctions Section 5

Phishing Attacks Target University Employee Payroll Information

In a recent advisory, the Research and Education Networking Information Sharing and Analysis Center (REN-ISAC) warned higher education institutions about sophisticated phishing attacks that target faculty and staff...more

11/17/2014 - Cybersecurity Payroll Records Phishing Scams Popular Universities

FCC Accepting Comments on ABA Petition To Exempt Fraud Notifications from TCPA Requirements

The Federal Communications Commission (FCC) recently issued a Public Notice requesting comments on a petition by the American Bankers Association (ABA) to exempt time-sensitive informational calls to mobile devices from the...more

11/13/2014 - American Bankers Association FCC Fraud Mobile Devices Notice Requirements Prior Express Consent Public Comment TCPA

FTC Brings First ROSCA Enforcement Action

The Federal Trade Commission (FTC) recently brought its first enforcement action under the Restore Online Shoppers’ Confidence Act (ROSCA) against multiple defendants that the FTC alleges engaged in a common enterprise to...more

10/23/2014 - Dietary Supplements Electronic Fund Transfer Act Enforcement Actions FTC Internet Retailers Retailers ROSCA Telemarketing Sales Rule Unfair or Deceptive Trade Practices

President Issues Executive Order to Improve Security of Federal Payment Systems

President Obama recently signed an executive order requiring federal agencies to improve the security of payment card transactions by upgrading to chip-and-PIN payment systems, which enable payments to be processed using an...more

10/23/2014 - Credit Cards Data Protection Executive Orders Financial Regulatory Reform Payment Systems

CFPB Issues Final Rule on Gramm-Leach-Bliley Act Annual Privacy Notices

The Consumer Financial Protection Bureau has issued a final rule that amends Regulation P to allow financial institutions that meet certain requirements to deliver annual privacy notices to their customers using an...more

10/22/2014 - CFPB Gramm-Leach-Blilely Act Privacy Policy Regulation P Websites

CFPB Continues Focus on Latino Community

The CFPB and the FTC have announced that the agencies will host a joint roundtable entitled, “Debt Collection and the Latino Community,” on October 23, 2014. The roundtable will examine how debt collection and credit...more

10/13/2014 - CFPB Credit Reports Debt Collection Discrimination Disparate Impact

CFPB Explores Checking Account Screening Policies and Practices

Today, the CFPB held a forum to learn more about how consumers are impacted by checking account screening policies and procedures. The CFPB recognizes that checking accounts are one of the most widely used financial products...more

10/10/2014 - Banks CFPB Checking Accounts Screening Procedures

CFSA Presses Its Case against ‘Operation Choke Point’

The Community Financial Services Association of America (CFSA), the national trade association for the payday lending industry, has filed a memorandum in support of its previously filed lawsuit against the agencies it accuses...more

10/9/2014 - Banks Choke Point Lenders Payday Loans

Pew’s Fourth Report Targets Online Payday Lending

The Pew Charitable Trusts has released the fourth report in its “Payday Lending in America” series. The new report examines issues with the online payday loan market and draws distinctions with the storefront-based payday...more

10/8/2014 - Internet Lenders Payday Loans

Federal Financial Regulators Issue Warning on ‘Shellshock’ Security Vulnerability

The Federal Financial Institutions Examination Council (FFIEC) recently issued an alert warning financial institutions of a security vulnerability nicknamed “Shellshock” in software commonly used in servers and other...more

10/3/2014 - Cybersecurity Data Breach Data Protection FFIEC Risk Assessment

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

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