Ballard Spahr LLP

High Court’s Encino Decision Means No Deference for CFPB View on RESPA, PHH Argues

On June 23, PHH filed a letter in the D.C. Circuit supplementing its appeal briefing in PHH Corp v. CFPB, No. 15-1177. For those of you who may have missed our prior posts on this, PHH is appealing a decision made by CFPB…more
| Civil Procedure, Consumer Protection, Finance & Banking, Real Estate - Residential

Supreme Court Denies Certiorari To Review Second Circuit’s Decision in Madden v. Midland Funding, LLC

The U.S. Supreme Court has denied certiorari to review the decision of the U.S. Court of Appeals for the Second Circuit in Madden v. Midland Funding, LLC. As previously reported, Madden involved a putative class action…more
| Civil Procedure, Communications & Media Law, Conflict of Laws, Finance & Banking

Cybersecurity, Use of Internet of Things Technology Concern Manufacturers

Powered in part by the growing use of Internet of Things (IoT) technologies, cybersecurity has surged to become one of the leading concerns for global manufacturers, according to a recently released study…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

New Putative FCRA Class Action May Signal a Trend

A borrower recently filed a putative class action against Fannie Mae under the Fair Credit Reporting Act (FCRA) in federal court in Washington, D.C., alleging that Fannie engaged in unauthorized inquiries into borrowers' credit…more
| Bankruptcy, Civil Procedure, Finance & Banking, Real Estate - Residential

University’s Race-Conscious Admissions Program Upheld by Supreme Court

The U.S. Supreme Court today affirmed the University of Texas at Austin's admissions program, which permits consideration of an applicant’s race as one of a number of factors in admissions decisions. Justice Kennedy authored the…more
| Civil Procedure, Civil Rights, Education

Flexibility Offered for Deferred Compensation Plans of Tax-Exempt Organizations, Government Agencies

The U.S. Treasury Department has issued two sets of proposed regulations, under Sections 457 and 409A of the Internal Revenue Code, relating to deferred compensation plans of state and local governments and tax-exempt…more
| Commercial Law & Contracts, Labor & Employment Law, Nonprofit Law, Taxation

Amendments Strengthen Toxic Substances Control Act

President Obama's signing of amendments to the Toxic Substances Control Law sealed a welcome effort to overhaul the 40-year-old Toxic Substances Control Act (TSCA). The amendments were spurred on by a rare bipartisan consensus…more
| Commercial Law & Contracts, Conflict of Laws, Elections & Politics, Science, Computers, & Technology

FTC Backs FCC’s Proposed Rule on TCPA Amendments for Calls Collecting Government Debt

The Federal Trade Commission's (FTC) Bureau of Consumer Protection issued a Staff Comment on June 16, 2016, supporting several of the Federal Communication Commission's (FCC) proposed regulations implementing amendments to the…more
| Antitrust & Trade Regulation, Communications & Media Law, Finance & Banking, Privacy, Consumer Protection

Supreme Court Clarifies Extraterritorial Reach of RICO

In an unusual four-member majority opinion in RJR Nabisco, Inc. v. European Community, the U.S. Supreme Court settled a host of controversial questions about the extraterritorial scope of the Racketeer Influenced and Corrupt…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, International Law & Trade

Philadelphia Limits Employer Use of Credit Information

Beginning July 7, 2016, employers in Philadelphia may not consider credit history or other credit-related information for job-related decisions for many non-managerial jobs. This change stems from an amendment to the Fair…more
| Civil Rights, Elections & Politics, Finance & Banking, Labor & Employment Law

CFPB publishes annual CARD Act, HOEPA and QM adjustments, corrects 2016 error

The CFPB has published a final rule regarding various annual adjustments it is required to make under provisions of Regulation Z (TILA) that implement the CARD Act, HOEPA, and the ability to repay/qualified mortgage provisions…more
| Consumer Protection, Finance & Banking, Real Estate - Residential

Regulators Raise Marketplace Lending Concerns at FTC FinTech Forum

The Federal Trade Commission (FTC) recently held a FinTech forum addressing marketplace lending. The forum was promoted by the FTC as the first in a series it plans to hold exploring emerging financial technology and its…more
| Antitrust & Trade Regulation, Communications & Media Law, Finance & Banking, Consumer Protection, Science, Computers, & Technology

Ban Proposed on Mandatory Pre-Dispute Arbitration Agreements by Schools Receiving Title IV Aid for Student Borrowers

The U.S. Department of Education has issued a proposed rule that includes a ban on mandatory pre-dispute arbitration agreements by schools receiving Title IV assistance under the Higher Education Act (HEA) and a new federal…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Education, Finance & Banking

CFPB takes another challenge to its jurisdiction to court

The CFPB filed suit against J.G. Wentworth, LLC on June 7, 2016 after the company challenged the Bureau’s expansive view of its jurisdiction. The CFPB served a CID against J.G. Wentworth, LLC on September 11, 2015 to…more
| Civil Procedure, Finance & Banking, Consumer Protection

House bill introduced to impose consumer complaints requirements on CFPB

Republican Congressman Matt Salmon has introduced a bill, the “CFPB Data Accountability Act ” (H.R. 5413), that would impose requirements on how the CFPB handles consumer complaints. The requirements include the following..…more
| Consumer Protection, Elections & Politics, Finance & Banking
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