Marjorie Peerce

Marjorie Peerce

Ballard Spahr LLP

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Vassar College Prevails in Respondent’s Title IX Lawsuit

A judge in the Southern District of New York recently granted summary judgment to Vassar College in a case brought by a former student accused of sexual assault. The plaintiff alleged that Vassar violated Title IX and various...more

4/10/2015 - Educational Institutions Sex Discrimination Sexual Assault Summary Judgment Title IX

‘Operation Ruse Control’ Announcement Highlights Importance of Auto Finance Compliance

The Federal Trade Commission—and numerous other federal, state, and local law enforcement agencies in the United States and Canada—recently announced that an enforcement initiative dubbed “Operation Ruse Control” has resulted...more

4/1/2015 - Automotive Industry Automotive Loans Car Dealerships Consumer Financial Products Consumer Lenders Enforcement Actions FTC Strategic Enforcement Plan

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

NY Attorney General To Propose Bill To Strengthen Cybersecurity

New York Attorney General Eric Schneiderman is proposing an "overhaul [of] New York's data security law [that would] require new and unprecedented safeguards for the personal data of consumers." The proposal would create new...more

1/28/2015 - Attorney Generals Breach Notification Rule Cybersecurity Data Protection Personally Identifiable Information Proposed Legislation

Petitioner Opposes NY Regulator’s Motion To Dismiss Lawsuit Seeking Access to Database of Alleged Illegal Payday Lenders

The consumer financial services attorney (the petitioner) who sued the New York State Department of Financial Services (DFS) and its superintendent, Benjamin Lawsky, to obtain access to DFS’s database of alleged illegal...more

12/17/2014 - Consumer Lenders FOIA Motion to Dismiss Payday Loans

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

Federal Court Dismisses Industry Challenge to NYC Responsible Banking Law but Leaves Door Open For Future Lawsuit

A federal judge recently dismissed a complaint brought by the New York Bankers Association (NYBA) seeking to invalidate the New York City Responsible Banking Act (the Responsible Banking Act). In New York Bankers Ass’n Inc....more

9/23/2014 - Banking Reform Banks Department of Financial Services OCC

N.Y. Announces New Rules To Govern Default Judgments in Consumer Collection Lawsuits

The New York Court System has adopted new rules effective October 1, 2014, to obtain a default judgment in a consumer collection action, Chief Judge Jonathan Lippman announced recently. Debt collectors and debt buyers should...more

9/23/2014 - Debt Buyers Debt Collection Default Judgment Document Retention Policies Final Rules Recordkeeping Requirements

NY Attorney General Files Redlining Lawsuit Alleging Mortgage Discrimination

The New York Attorney General filed a complaint this week in a New York federal court against a national bank headquartered in the state and its holding company alleging that the defendants violated the federal Fair Housing...more

9/5/2014 - Attorney Generals Bank Holding Company Banks Discrimination Disparate Impact DOJ FHA HMDA Mortgages Redlining

Standard Chartered To Pay $300M To Settle AML Charges in New York

For the second time in two years, Benjamin Lawsky, the Superintendent of the New York State Department of Financial Services (DFS), has settled another matter with Standard Chartered Bank for alleged “anti-money laundering...more

8/25/2014 - Anti-Money Laundering Banks Enforcement Actions Settlement Standard Chartered Bank

NY Attorney General Settles Action against Law Firm Collecting on Payday Loans

The New York Attorney General recently announced a settlement with Forster & Garbus, a large debt collection law firm that had filed collection actions against consumers arising out of payday loans. Specifically, Attorney...more

8/21/2014 - Debt Debt Collection Lenders Payday Loans

New York Grand Jury Indicts 12 Online Payday Lenders and 3 Individuals

In a shot across the bow of online payday lenders who allegedly disregard state law where their borrowers reside, a New York County grand jury recently voted a criminal usury and conspiracy indictment against 12 companies...more

8/15/2014 - Conspiracies Grand Juries Lenders Payday Loans Usury

NY Attorney General, FTC Bring Major Action against Debt Collection Operation

The New York Attorney General and Federal Trade Commission (FTC) recently announced a joint debt collection enforcement action that had been filed last month in federal court in Buffalo, New York, against several corporations...more

7/29/2014 - Civil Monetary Penalty Compensatory Damages Debt Collection Enforcement Actions FDCPA FTC Injunctive Relief Section 5

N.Y. Department of Financial Services Issues Revised Proposed Debt Collection Rules

The New York Department of Financial Services (DFS) recently issued revised proposed debt collection regulations, which have important implications concerning charged-off and time-barred debt, for third-party debt collectors...more

7/22/2014 - CFPB Debt Collection Department of Financial Services

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

New York Proposes Additional Reforms To Protect Consumers in Collection Lawsuits

For the second time in less than a year, the New York State Unified Court System has proposed affidavits that a plaintiff would be required to execute and file before seeking a default judgment in a consumer credit collection...more

5/8/2014 - Debt Collection Debt Collectors

Guilty pleas entered in CFPB’s first criminal referral

The CFPB’s first publicly announced criminal referral has resulted in the entry of guilty pleas by a debt settlement company and its principal, according to a Reuters report. The referral, which was made to the U.S. Attorney...more

4/10/2014 - CFPB Debt-Relief Industry Guilty Pleas

New York Announces Settlements with Six Auto Dealers

Last week, New York Attorney General Eric Schneiderman announced settlements with six auto dealers imposing fines ranging from $7,500 to $15,000 for allegedly engaging in deceptive and misleading advertising practices. The...more

4/1/2014 - Car Dealerships CFPB False Advertising Unfair or Deceptive Trade Practices

N.Y. Banking and Insurance Superintendent Unveils Aggressive Agenda

Benjamin M. Lawsky, who heads the New York State Department of Financial Services (DFS), indicated that his agency is seriously considering more aggressive investigation and pursuit of individuals whose malfeasance has led...more

3/26/2014 - Anti-Corruption Anti-Money Laundering Banks Compliance Department of Financial Services Enforcement

New York Attorney General Announces Settlement with Large Payday Lender

On January 24, 2014, New York Attorney General Eric Schneiderman announced that a settlement had been reached with Western Sky Financial, LLC, Cash Call, Inc., WS Funding, LLC, and their principals for alleged violations of...more

2/17/2014 - Interest Rates Lenders Payday Loans Predatory Lending Settlement Usury

DOJ Hits First Bank Target in ‘Operation Choke Point’

Last week, the U.S. Department of Justice (DOJ) filed a lengthy complaint and consent order in a lawsuit against Four Oaks Bank & Trust Company. The DOJ action is the first lawsuit (and settlement) under "Operation Choke...more

1/20/2014 - Banking Sector CashCall DOJ EFTA Fair Lending Payday Loans Payment Processors

SEC Task Force Scrutinizing Non-GAAP Measurements

A new Financial Reporting and Audit Task Force formed by the Securities and Exchange Commission is scrutinizing companies’ use of measurements that do not comply with generally accepted accounting practices (GAAP), according...more

12/17/2013 - Accounting Financial Accounting GAAP SEC

New York Payday Loan Crackdown Continues as DFS Subpoenas 16 Lead Generators

The New York Department of Financial Services (DFS) opened a new front in its campaign against the payday lending industry by subpoenaing 16 online lead generation firms that allegedly collected and sold consumers’...more

12/4/2013 - Compliance Department of Financial Services Internet Lenders Payday Loans

New York Attorney General Announces Settlement with Debt Collector of Payday Loans

A settlement with the operator of five Buffalo-area debt collection companies announced on November 21, 2013, by New York Attorney General Eric T. Schneiderman marks the latest chapter in the Attorney General's targeting of...more

12/2/2013 - Attorney Generals Debt Collection Debt Collectors FDCPA Payday Loans Settlement

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