Ballard Spahr LLP

1735 Market Street 51st Floor
Philadelphia, PA 19103-7599, United States

  • 215.665.8500
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AAA to Require Arbitration Clause Registration as Part of Revamped Consumer Rules

The American Arbitration Association (AAA) announced yesterday that beginning September 1, 2014, it will implement and maintain a publicly available Consumer Clause Registry. This will affect any company that designates the…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Consumer Protection

Investment Management Update

In July 2014, the SEC settled the previously reported proceeding involving Chariot Advisors, and its former owner, Elliott Shifman, concerning charges of violating and aiding and abetting the violation of Section 15(c) of the…more
| Civil Rights, Labor & Employment Law, Finance & Banking, International Law & Trade, Securities Law

CFPB obtains $10 million of relief for payday lender’s collection calls

Yesterday, the CFPB and ACE Cash Express issued press releases announcing that ACE has entered into a consent order with the CFPB. The consent order addresses ACE’s collection practices and requires ACE to pay $5 million in…more
| Civil Remedies, Finance & Banking, Consumer Protection

SEC Issues First MCDC Cease and Desist Order

Yesterday, the Securities and Exchange Commission (SEC) announced its first cease and desist order under its Municipalities Continuing Disclosure Cooperation Initiative (MCDC Initiative). The MCDC Initiative was introduced on…more
| Education, Business Torts, Securities Law

The CFPB issues guidance on ensuring equal treatment for same-sex married couples

On June 25, 2014, the CFPB issued guidance setting forth basic principles on the issue of equal treatment for legally-married same-sex couples. The CFPB noted that this guidance was issued in response to the decision in United…more
| Civil Procedure, Civil Rights, Constitutional Law, Finance & Banking, Consumer Protection

Julián Castro is confirmed as next HUD Secretary

With a resounding 71-26 vote, the Senate has confirmed Julián Castro as the 16th Secretary of Housing and Urban Development. President Obama’s nomination of Mr. Castro replaces outing Secretary Shaun Donovan, who was in turn…more
| Elections & Politics, Finance & Banking, Real Estate - Residential

CFPB Provides Guidance on Ability to Repay Rule Application to Assumptions of Residential Mortgage Loans

On July 8, 2014 the CFPB provided guidance on the application of the Regulation Z ability to repay rule (section 1026.43) to assumptions of residential mortgage loans for purposes of clarifying the application of the rule in…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection, Real Estate - Residential

OIG audit criticizes public housing asset management

A new HUD Office of Inspector General (OIG) audit published last week levied intense criticism at HUD’s implementation of public housing asset management. Focusing on HUD’s methodology and monitoring of asset management and…more
| Administrative Law, Finance & Banking, Real Estate - Residential

Supplemental Interagency Guidance on Tax Allocation Agreements

The federal bank regulators recently issued additional guidance on intercompany income tax allocation agreements between holding companies and their depository institution subsidiaries. Intended to clarify the ownership of tax…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, Taxation

Louisiana Amends Consumer Loan Licensing Requirements

Louisiana Governor Bobby Jindal recently signed HB 766 into law, which amends numerous provisions regulating creditors engaging in any consumer credit or deferred presentment transaction. Under the law, a creditor may not take…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection

CFPB Issues Report on the Use of Remittance Histories in Credit Scoring

On July 3rd, the CFPB released a Report on the Use of Remittance Histories in Credit Scoring (the “Report”). Section 1073(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act required the CFPB Director to study…more
| Finance & Banking, Consumer Protection

Maryland High Court Limits Liability of Assignee Lenders under State's Secondary Mortgage Loan Law

In a recent ruling, the Maryland Court of Appeals substantially limited claims of second mortgage loan borrowers under the state's Secondary Mortgage Loan Law (SMLL), holding that an assignee of a second mortgage is not liable…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Religious Freedom Law Exempts Employers from ACA Contraceptive Mandate, Supreme Court Holds

The U.S. Supreme Court has ruled in favor of three for-profit corporations that claimed that the Affordable Care Act (ACA) mandate to provide preventive care coverage for certain types of contraception violated the protections…more
| Civil Procedure, Commercial Law & Contracts, Constitutional Law, Labor & Employment Law, Health

CFPB: Industry Should 'Start Now' To Comply with Workplace Diversity and Inclusion Standards

I recently participated in a panel presentation at the MBA Strategic Markets and Diversity Summit in Washington, D.C. Stuart Ishimaru, Director of the Consumer Financial Protection Bureau's Office of Minority and Women…more
| Civil Rights, Finance & Banking, Consumer Protection

OIG finds flaws in approval process used for CFPB headquarters renovation

The ballooning cost estimates for renovating the CFPB’s Washington, D.C. headquarters was the subject of verbal sparring between Director Cordray and Republican Congressmen during Director Cordray’s most recent appearance before…more
| Elections & Politics
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