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Mercedes Kelley Tunstall

Mercedes Kelley Tunstall

Ballard Spahr LLP


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FTC Proposes Banning Telemarketer Use of Remotely Created Checks, Cash-to-Cash Money Transfers, and Similar Payment Methods

The Federal Trade Commission has proposed changes to its telemarketing sales rule (TSR) that would prohibit sellers and telemarketers from accepting or requesting remotely created checks or payment orders, cash-to-cash money...more

5/24/2013 - Do Not Call List FTC Money Transfer Telemarketing Telemarketing Sales Rule

CFPB Finalizes Revisions to Remittances Rule, Sets October 28 Effective Date

The Consumer Financial Protection Bureau has finalized revisions to its remittance transfers rule and set October 28, 2013, as the rule’s new effective date. While not entirely eliminating the requirement for remittance...more

5/8/2013 - CFPB Disclosure Requirements Remittance Transfer Rule

CFPB finalizes revisions to remittances rule and sets October 28 effective date

Despite the urging of many industry commenters that it eliminate altogether the requirement for remittance transfer providers to disclose recipient institution fees, the CFPB chose not to go that far in the revisions to its...more

5/8/2013 - CFPB Disclosure Requirements Remittance Transfer Rule

FTC Sends FCRA Warning to Providers of Rental Histories

The Federal Trade Commission continues to keep Fair Credit Reporting Act (FCRA) enforcement at the forefront of its activities, as shown by its recent warnings to operators of six websites that provide information about...more

4/11/2013 - Consumer Reports FCRA FTC Landlords Tenants Warning Letters Websites

The New gTLDs from ICANN Are Coming: Plan, Don't Panic

By now, brand owners are probably aware of the new generic top-level domains (gTLDs) from the Internet Corporation for Assigned Names and Numbers (ICANN). They may have received literature from various sources about recording...more

4/11/2013 - gTLD ICANN Trademark Clearinghouse Trademarks

FinCEN Issues Virtual Currency Guidance

The Financial Crimes Enforcement Network (FinCEN) has issued formal guidance to clarify the anti-money laundering obligations of administrators and exchangers of convertible virtual currency. “Virtual” currency, unlike...more

3/25/2013 - Anti-Money Laundering FinCEN Registration Virtual Currency

Mortgage Banking Update - March 21, 2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more

3/21/2013 - Amount in Controversy CAFA Class Action Data Protection Debt Collection FDCPA Foreclosure FTC HOA Licenses Liens Mobile Payments Mortgages Privity of Contract Res Judicata Robo-Signing SCOTUS Uniform State Test

FTC Issues Report on Mobile Payments

The Staff Report on mobile payments recently issued by the Federal Trade Commission (FTC) focuses on areas of concern discussed at the FTC’s April 2012 workshop. The report does not break much new ground, but it does...more

3/18/2013 - Data Protection FTC Mobile Devices Mobile Payments

President Obama Signs Cybersecurity Executive Order

Last night, President Obama signed a long-anticipated Executive Order, "Improving Critical Infrastructure Cybersecurity," which directs the federal government to share cyberthreat information with the owners of systems that...more

2/14/2013 - Barack Obama CISPA Cybersecurity DHS Executive Orders Information Sharing Infrastructure

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 Insurers Not...more

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

FTC and California Attorney General Issue Reports on Mobile Privacy

The Federal Trade Commission and the California Attorney General have recently published reports focused on mobile privacy. The FTC’s “Mobile Privacy Disclosures” staff report, released on February 1, 2013, followed the...more

2/5/2013 - App Developers Attorney Generals Data Breach Data Collection Data Protection FTC Kamala Harris Mobile Apps Mobile Devices Mobile Privacy Disclosures Privacy on the Go

FFIEC Asks for Feedback on Social Media Proposed Guidance

The Federal Financial Institutions Examination Council (FFIEC) is seeking feedback on proposed guidance to help financial institutions manage the risks of interacting with consumers through social media....more

1/30/2013 - FFIEC Risk Management Social Media

Mortgage Banking Update - January 10, 2013

In This Issue: - Ohio Enacts the Nation's First Transitional MLO Licensing Law for Out-of-State MLOs - Noted Data Security and Privacy Attorney Amy Mushahwar Joins Ballard Spahr - Information Security...more

1/10/2013 - ADA Data Protection Debt Debt Collectors Investment Firms Mortgage Loan Originators Mortgages

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

CFPB proposes policy to allow trial disclosure programs

The CFPB has issued a proposed policy under which it would exempt individual companies, on a case-by-case basis, from current federal disclosure requirements to allow those companies to test trial disclosures....more

12/17/2012 - CFPB Disclosure Requirements Exemptions

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

What’s good for the goose should be good for the gander!

The CFPB’s latest report card on its information security system, delivered last week by the Bureau’s Office of Inspector General (OIG), indicates that the system still needs improvement....more

11/27/2012 - CFPB OIG

Before presenting your idea . . .

I regularly work with technology innovators to help them get their ideas cleaned up for financial institutions and to give them a headstart in understanding the types of risk concerns and controls that financial institutions...more

11/15/2012

CFPB reaches out to innovators

The CFPB has announced the launch of “Project Catalyst,” which it describes as “an initiative designed to encourage consumer-friendly innovation and entrepreneurship in markets for consumer financial products and services.”...more

11/15/2012

Waste not, want not

The CFPB publicly acknowledged yesterday their interest in innovation in consumer financial services by launching Project Catalyst, as already reported in this blog. It is quite the departure from precedent for a banking...more

11/15/2012

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