Mark J. Furletti

Mark J. Furletti

Ballard Spahr LLP

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Eleventh Circuit Issues Significant Ruling on TCPA Consent for Collection Calls to Cell Phones

The U.S. Court of Appeals for the Eleventh Circuit has ruled that a debtor may not provide the “prior express consent” required by the Telephone Consumer Protection Act (TCPA) for autodialed collection calls to be made...more

4/8/2014 - Cell Phones Consent Prior Express Consent Robocalling TCPA

Providing Cell Phone Number To Register Membership Gives TCPA Consent for Text Message

A consumer who voluntarily provides a cell phone number when registering online for membership has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive a text message containing...more

3/18/2014 - Consent TCPA Texting

Voluntarily Providing Cell Phone Number Gives Text Message Consent under TCPA, California and Florida Federal Courts Rule

A consumer who voluntarily provides a cell phone number in the course of a transaction has given “prior express consent” under the Telephone Consumer Protection Act (TCPA) to receive text messages from the entity to which the...more

2/28/2014 - Consent Mobile Devices TCPA Texting

Pa. Amendments to Installment Sales Statutes Require Attention

Changes to two Pennsylvania statutes governing installment sales will take effect on November 27, 2014, as a result of House Bill 1128, signed into law by Governor Corbett as Act No. 2013-98 (Act 98). Act 98 repeals the...more

2/21/2014 - Automotive Loans Cars Credit Cards Installment Agreements Motor Vehicles Retail Installment Sales Contracts Retailers

OCC and FDIC Follow Through on Threat To Kill Deposit Advance Loans

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) have carried out their threats in their proposed guidance to kill deposit advance loans. On November 21, 2013, the two...more

12/2/2013 - Banks Deposit Advances FDIC Loans OCC

NACHA Invites Comments on Proposed Rules To Improve ACH Network Quality

NACHA, the organization that administers the Automatic Clearing House (ACH) network, recently announced proposed modifications to its Rules and invited comments on or before January 13, 2014. While much of what NACHA proposes...more

11/26/2013 - Borrowers Clearing Agencies NACHA

Pew Report on Payday Loans Makes Questionable Policy Recommendations

The Pew Charitable Trusts has released the third report in its “Payday Lending in America” series. The new report makes policy recommendations that are intended to apply to all small-dollar consumer cash loans (other than...more

11/5/2013 - Loans Payday Loans

TCPA Autodialer Limits Apply Only to Phone Systems with ‘Present Capacity,’ Alabama Federal Court Rules

An Alabama federal court recently ruled that the limits imposed by the Telephone Consumer Protection Act (TCPA) on the use of autodialers applied only to phone systems that had the “present capacity” to make autodialed calls...more

10/7/2013 - Robocalling Spam TCPA Telemarketing

Consumer Can Revoke Consent to Autodialed or Prerecorded Cell Phone Calls

The Telephone Consumer Protection Act (TCPA) permits a consumer to revoke consent given for autodialed or prerecorded calls to the consumer's cellular telephone number and does not limit the timing of revocation, the U.S....more

8/23/2013 - Cell Phones Consent FCC Robocalling TCPA

New FCC Telemarketing Written Consent Requirement Takes Effect on October 16

Effective October 16, 2013, all sellers and telemarketers will need a consumer's written agreement to make prerecorded telemarketing calls to residential telephone lines or autodialed or prerecorded telemarketing calls to...more

8/21/2013 - Established Business Relationship FCC Robocalling TCPA Telemarketing Written Consent

New York Takes Aim at Internet Payday Lenders and Other Industry Players

The Cuomo administration, through the New York State Department of Financial Services (DFS), recently announced aggressive enforcement-related activities in an ongoing DFS investigation designed to stop supposedly unlawful...more

8/9/2013 - Compliance FDCPA Financial Services Authority Fraud Internet Investigations NACHA Payday Loans

Federal Court Declares Debit Card Interchange Fee Rule Provisions Invalid

A Washington, D.C., federal district court has declared that the interchange fee and network non-exclusivity provisions of the Federal Reserve Board’s final debit card interchange fee rule are invalid....more

8/1/2013 - Debit Cards Dodd-Frank Durbin Amendment Rules Federal Reserve Interchange Fees

CFPB reports payday and deposit advance loan findings at Senate payday loan hearing

David Silberman, the CFPB’s Associate Director of Research, Markets and Regulations, made the CFPB’s April 2013 white paper on payday and deposit advance loans the focus of his testimony at the hearing held on July 24 by the...more

7/26/2013 - CFPB Payday Loans

Chicago Ordinance Creates New Obligations for Owners of Foreclosed Rental Property

A new Chicago ordinance requires mortgagees who acquire residential rental property through a foreclosure or deed in lieu of foreclosure to either provide an option to renew the lease or offer relocation assistance to a...more

6/19/2013 - Foreclosure Local Ordinance Mortgages Rental Property Rental Rates

Choice of Law and Commerce Clause Do Not Bar Minnesota Regulation of Internet Loans, State Court Rules

A recent Minnesota state court decision serves as a painful reminder to Internet lenders of the perils of relying on choice-of-law provisions or arguments citing the Commerce Clause of the U.S. Constitution to avoid...more

6/10/2013 - Borrowers Choice-of-Law Commerce Clause Internet Lenders Payday Loans Penalties

More on CFPB employee vote to unionize

As we reported last week, the National Treasury Employees Union (NTU) won an election to represent over 800 of the CFPB’s 1,200 employees. The vote was 378 in favor and 86 against....more

5/20/2013 - CFPB Unions

Florida Federal Court Rejects FCC Ruling on Autodialed Collection Calls to Cell Phones

A Florida federal court has rejected the Federal Communication Commission's 2008 ruling that by providing a wireless number to a creditor on a credit application, a consumer has given "prior express consent" as required by...more

5/14/2013 - Cell Phones Damages FTC Penalties TCPA Telecommunications Vicarious Liability

Mortgage Foreclosure Is Debt Collection under the FDCPA, Sixth Circuit Holds

Lawyers whose principal business is mortgage foreclosure or who regularly handle mortgage foreclosures are “debt collectors” subject to the Fair Debt Collection Practices Act, the U.S. Court of Appeals for the Sixth Circuit...more

1/24/2013 - CFPB Debt Collectors FDCPA Foreclosure Mortgages

Justice Department Settles ADA Claims against Debt Collector

A recent Department of Justice settlement with a debt collection law firm that was accused of violating the Americans with Disabilities Act exemplifies the mounting federal scrutiny of the debt collection industry....more

1/8/2013 - ADA Debt Collectors Discrimination DOJ FDCPA Reasonable Accommodation Settlement Title III

Gotcha-free exams

I am at the ABA Consumer Financial Services Committee’s meeting in Naples, Florida. (There is record attendance at this year’s meeting—nearly 225 consumer financial services lawyers. I am sure that the CFPB deserves some...more

1/7/2013 - CFPB

FTC Retains Door-to-Door Sales Rule but Proposes Higher Exemption Amount

The Federal Trade Commission recently released its decision to retain its rule requiring disclosure of a buyer’s right to cancel door-to-door sales of consumer goods and services (Cooling-Off Rule)....more

12/28/2012 - Cooling-Off Rule Disclosure Requirements Door-to-Door Sales FTC

Pennsylvania Enacts Changes to Banking Laws

Significant changes to Pennsylvania banking laws will take effect on December 24, 2012, as a result of three bills, known as the “Banking Law Modernization Package,” signed into law by Governor Tom Corbett....more

12/19/2012 - Banking Law Modernization Package Derivatives Dodd-Frank Loans Securities

FTC Settles ‘History Sniffing’ Charges Against Online Advertising Network

The Federal Trade Commission recently announced that it entered into a settlement with Epic Marketplace, Inc., (Epic) an online advertising company, of charges that its "history sniffing" practices violated Section 5 of the...more

12/13/2012 - Behavioral Advertising Browser History Sniffing FTC

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