Ballard Spahr LLP

Ballard Spahr LLP is a Philadelphia-based law firm of more than 500 lawyers practicing throughout the United States in the areas of litigation, business and finance, intellectual property, public finance, and real estate. The firm is one of the largest in the United States according to The American Lawyer.

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AB C D E F G HIJ K L M N O PQR S TUV WXYZ

Hilary Adams

Kurt R. Anderson

Richard J. Andreano, Jr.

Latest from Ballard Spahr LLP

Consumer Finance Monitor

DOJ settles ECOA claims against Maryland used car dealership

By Alan S. Kaplinsky

July 13, 2020

The Department of Justice recently announced that it had settled a lawsuit filed in 2019 that alleged a Maryland used car dealership discriminated against African Americans in violation of the Equal Credit Opportunity Act by offering different credit terms based on race. The settlement includes the DOJ’s claims against the dealership’s individual owner and its manager. The lawsuit was based on information obtained through the use of testers posing as prospective car buyers. The DOJ’s…

Consumer Finance Monitor

CFPB files lawsuit against My Loan Doctor and its founder for alleged deceptive marketing of deposit accounts

By Sarah E. Pruett

July 13, 2020

The CFPB filed a complaint on July 6, 2020 in a New York federal district court against My Loan Doctor LLC (“Loan Doctor”) and its founder, Dr. Edgar Radjabli, for allegedly making false, misleading, and inaccurate marketing representations in violation of the Consumer Financial Protection Act’s prohibition against unfair, deceptive or abusive acts or practices. The Bureau alleges that the defendants engaged in deceptive acts or practices in connection with offering consumers Healthcare Finance Savings…

Consumer Finance Monitor

CFPB publishes blog post on providing adverse action notices when using artificial intelligence/machine learning models

By Alan S. Kaplinsky

July 13, 2020

The CFPB recently published a blog post titled, “Innovation spotlight: Providing adverse action notices when using AI/ML models.” The blog post primarily recycles information from the Bureau’s annual fair lending report issued in May 2020. The Bureau indicates that artificial intelligence (AI) and a subset of AI, machine learning (ML), is an area of innovation that it is monitoring. It notes that “industry uncertainty about how AI fits into the existing regulatory framework…

Consumer Finance Monitor

SCOTUS to decide whether FTC can seek restitution

By Alan S. Kaplinsky

July 13, 2020

Last Thursday, in addition to agreeing to decide an issue of major significance under the Telephone Consumer Protection Act, the U.S. Supreme Court agreed to decide whether Section 13(b) of the Federal Trade Commission Act, which expressly gives the FTC authority to seek injunctive relief, also authorizes the FTC to seek monetary relief, such as restitution. The issue is currently the subject of a circuit split and the Supreme Court granted petitions for certiorari…

Consumer Finance Monitor

CFPB enters into another proposed settlement with company and individuals offering student loan debt relief services

By Heather S. Klein

July 10, 2020

The CFPB announced that it has entered into a proposed settlement with a company and its three owner/officers for allegedly charging unlawful advance fees in violation of the Telemarketing Sales Rule (TSR) and the Consumer Financial Protection Act (CFPA) in connection with their student loan debt relief business. The complaint alleges that the company, Timemark Solutions, violated the TSR and CFPA by charging and collecting advance fees before consumers had received any adjustment of their…

Consumer Finance Monitor

CFPB ratifies most pre-Seila Law regulatory actions

By Alan S. Kaplinsky

July 10, 2020

The CFPB has issued a ratification of “the large majority of its existing regulations” and certain other regulatory actions taken from January 4, 2012 through June 30, 2020 (Ratified Actions). The ratification, which was published in today’s Federal Register, was issued in response to the U.S. Supreme Court’s decision last week in Seila Law which held that the Dodd-Frank provision that only allows the President to remove the CFPB Director “for cause” violates the…

Consumer Finance Monitor

CFPB announces new Deputy Director and additions to executive team

By Barbara S. Mishkin

July 10, 2020

Somewhat overshadowed by the Supreme Court’s Seila Law decision and other CFPB-related developments was the CFPB’s announcement on Tuesday of personnel changes. The Bureau announced that Thomas Pahl will serve as Deputy Director of the Bureau. Since April 2018, he has served as CFPB Policy Associate Director for Research, Markets, and Regulations since April 2018. The Bureau’s press release did not specifically state whether Mr. Pahl will retain his Associate Director position while serving as…

Consumer Finance Monitor

SCOTUS agrees to decide when a device is an autodialer under the TCPA

By Daniel JT McKenna

July 10, 2020

Days after missing the opportunity in Barr v. American Association of Political Consultants to limit the improper impact of the Telephone Consumer Protection Act on legitimate businesses, the U.S. Supreme Court has agreed to tackle the most debated issue in TCPA litigation history. The U.S. Supreme Court has agreed to decide what qualifies as an automatic telephone dialing system (ATDS). The TCPA defines an ATDS as “equipment which has the capacity—(A) to store or produce…

Health Care Reform Dashboard

U.S. Supreme Court Upholds Exemption to ACA’s Contraceptive Mandate

By Edward I. Leeds & Paige A. Haughton

July 10, 2020

In Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, the Supreme Court this week upheld regulations issued by the U.S. Departments of Treasury, Labor, and Health and Human Services (the Departments) that exempted employers with sincerely held religious beliefs and employers with moral objections from the requirement to provide contraceptive coverage under their group health plans. This contraceptive mandate derives from a provision within the Patient Protection and Affordable Care…

Consumer Finance Monitor

OCC Previews Plans to Introduce Special Purpose National Bank Charter for Payment Companies

By Mindy Harris

July 9, 2020

In recent interviews including a podcast with the ABA Banking Journal reported by Forbes, Acting Comptroller of the Currency Brian Brooks previewed the OCC’s plans to introduce another special purpose national bank charter that would give payment companies a nationwide servicing platform and federal preemption of state laws regarding licensing and regulation of money transmitters and payment services providers. As envisioned, the payments charter would replace the state-by-state money transmitter licensing approach currently used by…

Ballard Spahr LLP

Ballard Spahr LLP Blogs

Blog Authors

DOJ settles ECOA claims against Maryland used car dealership

CFPB files lawsuit against My Loan Doctor and its founder for alleged deceptive marketing of deposit accounts

CFPB publishes blog post on providing adverse action notices when using artificial intelligence/machine learning models

SCOTUS to decide whether FTC can seek restitution

CFPB enters into another proposed settlement with company and individuals offering student loan debt relief services

CFPB ratifies most pre-Seila Law regulatory actions

CFPB announces new Deputy Director and additions to executive team

SCOTUS agrees to decide when a device is an autodialer under the TCPA

U.S. Supreme Court Upholds Exemption to ACA’s Contraceptive Mandate

OCC Previews Plans to Introduce Special Purpose National Bank Charter for Payment Companies

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