Valerie Hletko

Valerie Hletko

BuckleySandler LLP

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High Court Silent On Deference To Agency Rule - Making

On March 22, 2016, the U.S. Supreme Court issued a split decision (4-4) in Hawkins v. Community Bank of Raymore.[1] The court’s one-sentence affirmance was a notable anti-climax in a case that had been viewed as likely to...more

3/25/2016 - Commercial Loans ECOA Guarantors Hawkins v Community Bank of Raymore SCOTUS Spousal Guaranty

Expanding the SCRA, If the DOJ Has Its Way

The last few weeks of 2015 saw two important legislative developments relating to the Servicemembers Civil Relief Act (SCRA). First, in November, the Department of Justice (DOJ) submitted a legislative package to Congress...more

3/4/2016 - Arbitration Agreements Default Judgment DOJ Financial Institutions Installment Agreements Military Service Members SCRA

Vendor Management in 2015 and Beyond

With evolving regulatory expectations and increased enforcement exposure, financial institutions are under more scrutiny than ever. Nowhere is this more evident than in the management and oversight of service providers. When...more

1/5/2016 - CFPB Financial Institutions Risk Management Third-Party Service Provider Vendors

Credit Cards 2016: Consumer Protection in Focus

The past year has seen heightened CFPB interest in the following areas: (i) deferred interest and rewards, (ii) limited English proficiency consumers, and (iii) the recent revisions to the Military Lending Act (MLA). Pursuing...more

1/4/2016 - CFPB Deferred Interest Products Financial Sector Military Lending Act Native Language

Citizen, Soldier, Small-Business Owner? Commercial Lending and The Servicemembers Civil Relief Act

The Servicemembers Civil Relief Act, 50 U.S.C.A. § 3901, provides certain protections to military service members regarding their financial obligations. The act applies to virtually every type of debt that a service member...more

12/28/2015 - Banking Sector Consumer Lenders Financial Institutions SCRA

Inclusive Communities And Disparate Impact Under The Fair Housing Act

In its recent Inclusive Communities decision the Supreme Court held (5-4) that disparate impact claims are cognizable under the Fair Housing Act. The authors discuss disparate impact prior to the case, HUD’s disparate impact...more

11/20/2015 - Affordable Housing Burden-Shifting Disparate Impact Fair Housing Act (FHA) HUD Texas Dept of Housing v Inclusive Communities

Landlords, Leases And The Servicemembers Civil Relief Act

As President Obama slows the drawdown of troops overseas — and as the nation expands its fight against ISIS — a growing number of service members will seek the benefits and protections of a nearly century-old law that...more

11/19/2015 - Eviction Landlords Lease Termination Residential Leases SCRA

Spotlight on the Military Lending Act: Did the Final Rule Improve on the Proposal?

On July 22, 2015, the Department of Defense (“Department”) released its final rule amending the regulations that implement the Military Lending Act (“MLA”), which means that a wider range of credit products—including open-end...more

8/4/2015 - Banking Sector Banks Borrowers CARD Act Compliance Consumer Credit Protection Credit Cards Department of Defense (DOD) Financial Institutions Lenders Military Lending Act Military Service Members Truth in Lending Act (TILA)

Special Alert: CFPB Releases Outline Of Proposed Rule For Payday, Vehicle Title, And Similar Loans

On March 26, the CFPB announced that it is considering proposing a rule to “end payday debt traps” and released several related documents, including a fact sheet and an outline of the proposal that will be presented to a...more

3/30/2015 - CFPB Consumer Lenders Payday Loans Proposed Regulation SBREFA Title Loans

New Day For RESPA: The UDAAPification Of Section 8

The Real Estate Settlement Procedures Act has gone the "UDAAPified" way of debt collection — this time, through enforcement rather than guidance. In July 2013, Consumer Financial Protection Bureau Bulletin 2013-07...more

3/13/2015 - CFPB Consent Order Debt Collection FDCPA Kickbacks RESPA UDAAP

Special Alert Update: OCC Revises Guidance Regarding Consumer Protection Requirements to Overdraft Lines and Protection Services

On March 6, 2015, the OCC issued its revised “Deposit-Related Credit” booklet (“DRC booklet”) of the Comptroller’s Handbook, which replaced the “Deposit-Related Consumer Credit” booklet issued on February 11, 2015 (previously...more

3/11/2015 - Banks Consumer Financial Products Deposit Accounts Guidance Update OCC Overdraft Fees

Special Alert: OCC Guidance Applies Consumer Protection Requirements to Overdraft Lines and Protection Services

On February 11, 2015, the OCC issued the “Deposit-Related Consumer Credit” booklet of the Comptroller’s Handbook, which replaced the “Check Credit” booklet. The booklet provides updated guidance and examination procedures...more

2/17/2015 - Banks CFPB Consumer Financial Products Guidance Update OCC Overdraft Fees Regulation Z Truth in Lending Act (TILA)

Special Alert: CFPB States Supervisory Obligations Trump Nondisclosure Agreements

On January 27, the CFPB issued Compliance Bulletin 2015-01 to remind supervised financial institutions of their obligations concerning the disclosure of confidential supervisory information (CSI) to the CFPB and to third...more

1/29/2015 - CFPB Confidential Information Disclosure Requirements Financial Institutions Non-Disclosure Agreement Nonbank Firms Supervision Third-Party

Deference in Decline: ECOA’s Regulation B and Agency Discretion Might Not Be Broad Enough to Include Spousal Guarantors

For more than 40 years, the Equal Credit Opportunity Act (‘‘ECOA’’) has prohibited lenders from discriminating against applicants for credit on various prohibited bases, including marital status. The policy reasons for such...more

1/22/2015 - Commercial Loans Consumer Lenders Discrimination ECOA Federal Reserve Guarantors Lenders Regulation B Spouses

A New Defense Against Municipal Disparate Impact Claims

Banks and non-bank lenders face a variety of fair lending disparate impact claims, which allege unintentional and unfavorable disparate impacts of otherwise neutral policies or practices on minority borrowers. Regulators,...more

6/9/2014 - ADEA Age Discrimination Disparate Impact Fair Housing Act (FHA) Municipalities

The British (Financial Regulatory Principles) Are Coming!

Regulation of financial products and services in the U.S. historically has relied on rules-based regulatory policy, governing business processes including disclosures relating to terms, pricing, structure and marketing. The...more

4/16/2014 - Financial Products Regulatory Standards UK

Emerging Enforcement Activity Trends Toward Vicarious Liability For Service Providers

The Consumer Financial Protection Bureau’s (CFPB) latest enforcement action brings the total count relating to ancillary credit products to five. A common theme in the resulting consent orders is service provider management —...more

11/5/2013 - CFPB Dodd-Frank Enforcement Actions Vicarious Liability

Special Alert: OCC Updates Third-Party Risk Management Guidance

On October 30, the OCC issued Bulletin 2013-29 to update guidance relating to third-party risk management. The Bulletin, which rescinds OCC Bulletin 2001-47 and OCC Advisory Letter 2000-9, requires banks and federal savings...more

11/4/2013 - Affiliates Banks Contract Drafting Due Diligence Joint Venture OCC Payment Processors Risk Management Subsidiaries

Spotlight On The Short-Term Credit Crackdown

Short-term lending is under a new round of attacks, and this time some banks are feeling the heat. The New York State Department of Financial Services recently issued a letter to 117 banks requesting that they “choke off"...more

10/7/2013 - Enforcement Actions Financial Services Authority Loans Short-Term Investments

Which One Of Us Is The Service Provider? The Dodd-Frank Act's Infinite Loop Of Oversight

Prudential regulators have advised supervised banks for nearly 30 years about the need for careful diligence of their service providers, but the expectations of the Consumer Financial Protection Bureau (“CFPB” or the...more

8/13/2013 - Bank Service Providers Banks CFPB Covered Banking Entity Dodd-Frank Due Diligence

HUD Sets Stage For FCA Claims Against Fund Recipients

The Fair Housing Act requires agencies to administer their programs and activities relating to housing and urban development “affirmatively to further” fair housing. Recipients of U.S. Department of Housing and Urban...more

8/2/2013 - Fair Housing Act (FHA) False Claims Act (FCA) Housing Market HUD Mortgages

More Scrutiny For Short-Term, Small-Dollar Loans

On June 17, the U.S. Department of Defense issued advance notice of proposed rulemaking (ANPR) related to installment loans used by members of the armed forces and their families. The rule, which would revise 32 C.F.R....more

7/15/2013 - Department of Defense (DOD) Proposed Legislation

A Broader Application Of Fair Debt Collection Principles

On July 10, the Consumer Financial Protection Bureau issued new debt collection guidance and announced broad application of the Fair Debt Collection Practices Act under Sections 1031 and 1036 of the Dodd-Frank Act. The...more


CFPB's Vague New 'Responsible Conduct' Guidelines

On Tuesday, the Consumer Financial Protection Bureau issued CFPB Bulletin 2013-6, titled "Responsible Business Conduct: Self-Policing, Self-Reporting, Remediation and Cooperation." The bulletin identified four pillars of...more

7/4/2013 - CFPB Responsible Business Conduct

Fair Lending Refocused: Loan Modification and Loss Mitigation Outcome Reviews

Mortgage loan servicers are under growing pressure from regulators to adhere to traditional fair lending principles in default servicing operations. Among other things, regulators have suggested that servicers proactively...more


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