Ballard Spahr LLP

CFPB amends service provider guidance

The CFPB has reissued its guidance on service providers which was formerly titled CFPB Bulletin 2012-03, and as published in the Federal Register on October 26, 2016, is now titled “Compliance Bulletin and Policy Guidance…more
| Consumer Protection, Finance & Banking

CFPB October 2016 complaint report highlights prepaid card complaints, complaints from North Carolina consumers

The CFPB has issued its October 2016 complaint report which highlights complaints about prepaid cards and complaints from consumers in North Carolina and the Charlotte metro area.  The CFPB began taking prepaid card complaints…more
| Communications & Media Law, Consumer Protection, Finance & Banking, Real Estate - Residential

Investment Management Update - October 2016

Investment Adviser AXA Wins Excessive Fee Trial - A federal judge in New Jersey has ruled in favor of AXA Equitable Life Insurance Company (AXA Equitable) and its wholly owned subsidiary, AXA Equitable Funds Management…more
| Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Privacy, Securities Law

DC Circuit Hears TCPA Oral Arguments

Oral arguments were recently held before the U.S. Court of Appeals District of Columbia Circuit in a consolidated case, spearheaded by ACA International, challenging the Federal Communications Commission's (FCC) recent order and…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Consumer Protection, Privacy

Cordray remarks to MBA signal continued CFPB focus on servicing, likely petition for rehearing in PHH case

In his remarks at the Mortgage Bankers Association’s annual meeting in Boston on October 25, Director Cordray signaled that mortgage servicing will continue to be a focus of CFPB supervisory and enforcement activity, with the…more
| Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking, Real Estate - Residential

European Court Of Justice Rules That Dynamic IP Addresses Can Be Personal Data

In a ruling with significant potential impact, the Court of Justice of the European Union (CJEU) has ruled that a dynamic internet protocol (IP) address may constitute "personal data" under EU Data Protection Directive…more
| Communications & Media Law, International Law & Trade, Privacy, Science, Computers, & Technology

Temporary Relief for Certain Student Health Plans Extended Indefinitely

In recently issued guidance, the U.S. Departments of Treasury, Labor, and Health and Human Services indicated that they will indefinitely extend relief to colleges and universities that subsidize the cost of individual insurance…more
| Education, Health, Labor & Employment Law

Cordray remarks/CFPB report on financial innovation and Project Catalyst include warning on limiting consumer access to financial data

In a new report, the CFPB discusses its approach to FinTech and financial innovation, its Project Catalyst initiative, and marketplace developments the CFPB views as potentially beneficial for consumers. The report, entitled…more
| Commercial Law & Contracts, Consumer Protection, Finance & Banking, Science, Computers, & Technology

FTC and DOJ Release Antitrust Guidance for HR Professionals

The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (DOJ) yesterday jointly issued guidance to human resource professionals and others involved in hiring and compensation decisions. This…more
| Antitrust & Trade Regulation, Consumer Protection, Labor & Employment Law

MBA launches new networking platform for women

Women in the real estate financing sector have a new opportunity to connect with others in their field and to access and exchange information about the industry. On October 18, the Mortgage Bankers Association (MBA) announced…more
| Civil Rights, Consumer Protection, Finance & Banking, Real Estate - Residential

Hensarling seeks assurance of CFPB compliance with limits on executive agencies

Republican Congressman Jeb Hensarling, who chairs the House Financial Services Committee, has sent a letter to Director Cordray asking him to provide written assurance by October 26, 2016 that, as a result of the D.C. Circuit’s…more
| Consumer Protection, Elections & Politics, Finance & Banking

FDIC Releases Revised MLA Exam Procedures and Sets Supervisory Expectations

On October 17, the FDIC released revised interagency Military Lending Act (MLA) examination procedures for use in connection with consumer credit transactions occurring on or after October 3, 2016. The revised procedures reflect…more
| Consumer Protection, Finance & Banking, Military Law

CFPB Mortgage Servicing Rule Amendments Published in Federal Register

The CFPB Mortgage Servicing Rule Amendments were published in the Federal Register yesterday, starting the clock for the effective date of the amended provisions.  Most of the provisions are effective on October 19, 2017.  The…more
| Consumer Protection, Finance & Banking, Real Estate - Residential

Federal Banking Agencies Propose New Requirements for Managing Cyber Risk

Three federal banking agencies have announced plans to develop new rules that would establish cyber risk management and resiliency standards for large interconnected entities under the agencies' supervision, as well as those…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology

Reminder: Comments to revised RAD forms due October 28th and RAD Report out for review

On September 28, 2016, HUD published a notice in the Federal Register to solicit comments to revised form documents used in the Rental Assistance Demonstration (“RAD”). This notice follows a 60-day comment period on…more
| Administrative Law, Finance & Banking, Real Estate - Residential, Taxation
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