Ballard Spahr LLP

Employers May Be Subject to Discrimination Claims by Staffing Agency Workers

The Third Circuit issued a decision last week holding that a temporary worker at a staffing agency can proceed with discrimination claims against the agency’s client to which he was assigned. In Faush v. Tuesday Morning, Inc.,…more
| Civil Rights, Labor & Employment Law

CFPB issues compliance bulletin on preauthorized electronic payments

The CFPB has issued a compliance bulletin (Bulletin 2015-06) concerning the Electronic Fund Transfer Act (EFTA) and Regulation E requirements for obtaining a consumer’s authorization for preauthorized electronic fund transfers…more
| Consumer Protection, Finance & Banking

Recent Dodd-Frank Diversity and Inclusion Standards Developments

Regulated entities should be aware of two recent developments concerning the final diversity and inclusion standards issued this summer under Dodd-Frank Section 342 by the CFPB, OCC, Fed, FDIC, NCUA and SEC. Given that the final…more
| Civil Rights, Commercial Law & Contracts, Finance & Banking, Securities Law

CFPB highlights bank account or service complaints in fifth monthly complaint report

The CFPB has issued its November 2015 complaint report, the fifth in its new series of monthly complaint reports. The new report highlights bank account or service complaints and complaints from consumers in Connecticut and the…more
| Consumer Protection, Finance & Banking

CFPB issues eighth Semi-Annual Report

The CFPB has issued its eighth Semi-Annual Report to the President and Congress covering the period from April 1, 2015 through September 30, 2015. The 190-page report recycles information from previously-issued CFPB reports and…more
| Consumer Protection, Finance & Banking

CFPB plans national survey on financial well-being

The CFPB has published a notice in the Federal Register indicating that it is planning to conduct a “Financial Well-Being National Survey.” In the notice, the CFPB states that through its prior research, it has determined that…more
| Consumer Protection, Finance & Banking

CFPB raising LGBT issues with supervised entities

We recently blogged about remarks made by Patrice Ficklin, Director of the CFPB’s Office of Fair Lending, at the American Bar Association’s Consumer Financial Services Institute. In her remarks, she stated that the CFPB is…more
| Civil Rights, Consumer Protection, Finance & Banking

CFPB issues snapshot of servicemember complaints

The CFPB has issued a new “snapshot of servicemember complaints.”  The report states that as of November 2015, the CFPB had received about 2,500 complaints from servicemembers, veterans and their dependents about high-cost…more
| Consumer Protection, Finance & Banking, Military Law

NY DFS Proposes New Cybersecurity Regulations for Financial Institutions

The New York Department of Financial Services (NYDFS) has distributed a letter to various federal and state regulatory agencies and associations proposing the development of new cybersecurity regulations for financial…more
| Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology

House passes bill to curb QM requirements

On November 18, 2015, the U.S. House of Representatives passed a bill that would provide a safe harbor exception for depository institutions from certain provisions of the Truth in Lending Act and Regulation Z, and for mortgage…more
| Finance & Banking, Real Estate - Residential

Pennsylvania Supreme Court Delivers Clear Message to Employers Regarding Restrictive Covenants in Employment Agreements

In a case of first impression, the Pennsylvania Supreme Court recently held that an employee may challenge an employment agreement containing a restrictive covenant for lack of consideration, even though the agreement expressly…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Alan Kaplinsky and Professor Sovern: the arbitration debate continues

In a new American Banker article, Alan Kaplinsky, Practice Leader of Ballard Spahr’s Consumer Financial Services Group, responded to an article by Professor Jeff Sovern that called into question Alan’s prediction that the CFPB’s…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

CFPB Fall 2015 rulemaking agenda includes delays for payday loan and other rules

The CFPB released its Fall 2015 rulemaking agenda last Friday. The agenda sets the following timetables for key rulemaking initiatives: Arbitration. The Fall 2015 agenda gives a December 2015 date for further prerule…more
| Consumer Protection, Education, Finance & Banking, Real Estate - Residential

New Rules Encourage Use of P3s

The recently released Internal Revenue Service (IRS) rules in the final allocation and accounting regulations encourage the use of public-private partnerships (P3s). Under these rules, a private party can form a partnership with…more
| Construction Law, Government Contracting, Taxation, Transportation, Zoning, Planning & Land Use

CFPB Revises Supervisory Appeals Process

As we wrote last week, the CFPB recently published a Fall 2015 Supervisory Highlights which included a summary of changes that have been made to the CFPB’s supervisory appeals process. The original supervisory appeal process was…more
| Consumer Protection, Finance & Banking
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