Ballard Spahr LLP

Nevada Supreme Court Opinion Impacts HOA Foreclosure Litigation

The Nevada Supreme Court held in SFR Investments Pool 1, LLC. v. U.S. Bank, N.A. that a non-judicial foreclosure by an HOA generally extinguishes a first mortgage interest, however, it left several unresolved issues. For…more
| Civil Procedure, Finance & Banking, Real Estate - Residential

CFPB provides insight on treatment of big data

This will follow up on Barbara Mishkin’s January 14, 2016 blog “FTC warns use of big data may violate federal consumer protection laws.” At the American Bar Association’s Consumer Financial Services Committee meeting last month…more
| Antitrust & Trade Regulation, Civil Rights, Consumer Protection, Finance & Banking, Science, Computers, & Technology

Deadline Extended for Requesting Direct Access to Military Loan Act Database

The Department of Defense has extended the deadline for requesting direct access to its Military Loan Act (MLA) Defense Manpower Data Center (DMDC) database until February 15, 2016. Under amendments to the MLA's implementing…more
| Consumer Protection, Finance & Banking, Military Law

CFPB announces steps to improve checking account access

As anticipated, in conjunction with its field hearing today, the CFPB announced several steps it has taken to improve consumer access to checking accounts. These steps consist of a sending a letter to the 25 largest retail banks…more
| Consumer Protection, Finance & Banking

DOJ Settles Action Alleging Bank Discriminated Against Disability Income Recipients

The U.S. Department of Justice recently entered into a consent order with Evolve Bank & Trust to settle charges that the bank discriminated against mortgage loan applicants on the basis of disability and receipt of public…more
| Civil Rights, Consumer Protection, Finance & Banking, Real Estate - Residential

EEOC Proposes to Require Employers to Submit Pay Data

Many employers will be required to report information on pay and hours worked for all of their employees under changes proposed by the U.S. Equal Employment Opportunity Commission (EEOC) to existing reporting requirements. In…more
| Civil Rights, Labor & Employment Law

CFPB Jan. 2016 complaint report highlights “other financial services complaints,” complaints from NY State/NY metro area consumers

The CFPB has issued its January 2016 complaint report which highlights “other financial service” complaints and complaints from consumers in New York State and the New York metro area. In addition to the major complaint…more
| Consumer Protection, Education, Finance & Banking

Human Rights Watch issues report on debt buyers

A new report by Human Rights Watch (HRW) titled “Rubber Stamp Justice—US Courts, Debt Buying Corporations, and the Poor” is likely to find readers at the CFPB, which is expected to move closer early this year to proposing debt…more
| Civil Rights, Consumer Protection, Finance & Banking

NMLS Release 2016.1

NMLS Release 2016.1 is targeted for January 25, 2016. The release includes functionality for surety companies and surety bond producers to request an account within NMLS and establish business associations, enhancements to the…more
| Finance & Banking, Real Estate - Residential

Senator Warren to address student loan activists

Senator Elizabeth Warren is scheduled to be the keynote speaker today for “National Student Debt Day,” an event in Washington, D.C. for “student loan activists from around the country.” The event is sponsored by Young…more
| Consumer Protection, Education, Elections & Politics, Finance & Banking

Federal Government Remains Focused on Title IX Compliance

The National Science Foundation (NSF) and the U.S. Department of Justice (DOJ) recently made announcements that signal the government’s continued focus on ensuring that colleges and universities comply with Title IX's…more
| Civil Rights, Education, Science, Computers, & Technology

University Faces Action for Alleged Deceptive Advertising of Graduates' Employment, Earning Prospects

The Federal Trade Commission (FTC) has filed a complaint in a California federal district court against the operators of DeVry University in which it alleges that DeVry violated the FTC Act by misrepresenting the employment…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Education

Federal court issues mixed ruling on PA AG’s Dodd-Frank UDAAP claim based on alleged “rent-a-bank” and “rent-a-tribe” schemes

An attempt by the Pennsylvania Attorney General to use her Dodd-Frank Section 1042 authority recently met with only partial success in Pennsylvania federal district court. Section 1042 allows state attorneys general and…more
| Communications & Media Law, Consumer Protection, Finance & Banking

FDA Issues Draft Guidance on Cybersecurity for Postmarket Medical Devices

The Food and Drug Administration's (FDA) most recent draft guidance focuses on cybersecurity in postmarket medical devices and makes recommendations for identifying, assessing, and responding to cybersecurity vulnerabilities…more
| Health, Privacy, Science, Computers, & Technology

CFPB postpones field hearing on checking account access to Feb. 3

The CFPB has announced that due to inclement weather, it has postponed the field hearing about access to checking accounts until February 3, 2016. The hearing, which is to be held in Louisville, Kentucky, was originally…more
| Consumer Protection, Finance & Banking
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