Scott Himes

Scott Himes

Ballard Spahr LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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

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

Supreme Court Maintains Viability of State Law Claims Related to Securities Transactions

A recent Supreme Court opinion, Chadbourne & Parke LLP v. Troice, addresses the viability of class action state-law claims arising from fraudulent securities transactions. This was an opportunity for the Court to limit...more

3/7/2014 - Chadbourne & Parke LLP v Troice Class Action Preemption SCOTUS Securities Fraud Securities Litigation SLUSA

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

N.Y. Attorney General Announces Newly Formed Financial Crimes Bureau, Appoints Its New Chief

New York Attorney General Eric T. Schneiderman recently announced the establishment of a new Criminal Enforcement and Financial Crimes Bureau and the appointment of a veteran financial crimes prosecutor, Gary Fishman, as its...more

1/31/2014 - Financial Crimes Political Appointments

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

Statewide Judicial System Report Issued on N.Y. Foreclosure Cases

Earlier this month, the Chief Administrative Judge of New York’s Unified Court System issued a report on the status of foreclosure cases in the state judicial system. The 2013 report contains important information about how...more

11/14/2013 - Foreclosure Mortgages

New York City Brings Enforcement Action against National Debt Collector

The New York City Department of Consumer Affairs (DCA) recently filed an enforcement action to enjoin National Credit Adjusters, LLC, a national debt collector, from collecting debts in the City. The DCA had rejected the...more

11/1/2013 - Cease and Desist Debt Collection Enforcement Actions Licenses Payday Loans

New York Federal Court Blocks Enforcement of “No Credit Card Surcharge” Law

Commenting that “Alice in Wonderland has nothing on” a New York law that prohibits merchants from imposing a surcharge on credit card purchases, a New York federal court has entered a preliminary injunction that prohibits the...more

10/8/2013 - Credit Card Surcharges Credit Cards Due Process First Amendment Free Speech MasterCard Preliminary Injunctions Sherman Act Visa Inc

New York Continues Payday Loan Crackdown

The New York Department of Financial Services (DFS) may take direct and indirect actions against online tribal lenders, Judge Richard Sullivan of the Southern District of New York held in a ruling last week. The decision is...more

10/7/2013 - Enforcement Actions Payday Loans

New York Proposes New Force-Placed Insurance Regulations

The New York Department of Financial Services (DFS) recently issued proposed force-placed insurance regulations to reduce premiums and eliminate kickbacks that it claims are pervasive in the industry. The regulations will...more

9/24/2013 - Anti-Corruption Compliance Financial Conduct Authority Fraud Kickbacks Premiums Proposed Regulation

N.Y. Insurance Regulator Rejects Industry Standard for Establishing Reserve Requirements

The Superintendent of the New York State Department of Financial Services (DFS), Benjamin M. Lawsky, has informed his fellow state insurance regulators in the National Association of Insurance Commissioners (NAIC) that New...more

9/16/2013 - Financial Services Authority Life Insurance NAIC Principle-Based Reserves

New York Continues Pressure on Force-Placed Insurance

Force-placed insurance remains in the crosshairs of New York financial regulators. Last week, the state’s Department of Financial Services (DFS) sent a warning letter to all New York-licensed insurance producers about...more

8/28/2013 - CFPB Forced-Placed Insurance Insurers Lenders Mortgage Servicers Mortgages

New York Court System Proposes Identification of Mortgage Servicer at Initiation of Foreclosure Case

The New York State Unified Court System recently proposed an amendment to the Request for Judicial Intervention form (RJI) filed at the initiation of a residential mortgage foreclosure case to require identification of the...more

8/23/2013 - Foreclosure Mortgage Loan Servicing Standards Mortgages Proposed Amendments

New York Proposes Far-Reaching Debt Collection Regulations

The New York Department of Financial Services (DFS) has proposed new regulations that would impose significant disclosure and other requirements on persons engaged in the collection of consumer debts....more

8/13/2013 - Debt Debt Collection Disclosure Requirements FDCPA Proposed Regulation

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

Payroll Cards – The Inquiry Broadens

As we reported in our July 11 legal alert, New York Attorney General Eric Schneiderman has commenced an investigation into the widening practice of employers paying hourly employees through the use of prepaid payroll cards....more

7/19/2013 - DOL Employer Liability Issues Fees Minimum Wage Payroll Cards Wage and Hour

18 Results
|
View per page
Page: of 1