Consumer Finance Monitor

With the Rule’s August 19, 2019 compliance date drawing nearer, industry anxiety is growing as to the CFPB’s plans for delaying the Rule's compliance date and what changes will be proposed. In this episode, we review what the Rule's ability to pay and repayment provisions would require and why those provisions are problematic. We also discuss changes we expect the CFPB to propose, developments in the lawsuit challenging the Rule, and steps companies can take in advance of the compliance date.

The pace of the CFPB’s fair lending activities has slowed under its new leadership, but significant developments are happening elsewhere. In this episode, we discuss several of those developments and their implications. We’ll talk about state fair lending updates involving auto finance, a private redlining lawsuit, and the FDIC’s report on the use of digital footprint data for credit underwriting. Finally, we discuss a letter issued by the DOJ to a congressman regarding ADA website accessibility stand

TCPA compliance continues to present challenges to the financial services industry. In this podcast, we discuss important recent court decisions dealing with the TCPA’s autodialer definition and what the FCC is doing to provide further guidance to industry participants. You’ll also hear what new FCC guidance might say, how it could impact future court decisions, and strategies for defendants in TCPA litigation to consider while awaiting new FCC guidance.

Debt collection continues to be one of the most active areas in consumer finance law. Ballard Spahr attorneys will discuss the challenges facing the debt collection industry in private litigation and how to address them. We’ll talk about how new technology is changing the industry, assess the effect of the CFPB’s new leadership on debt collection enforcement, and offer thoughts on whether the Bureau’s expected rulemaking will provide relief from current legal uncertainties.

Ballard Spahr attorneys discuss how the CFPB has changed under the leadership of Acting Director Mick Mulvaney and their expectations for future developments.

Ballard Spahr attorneys discuss the implications of the CFPB’s first enforcement action under Acting Director Mulvaney and analyze the amendments proposed by the CFPB to its trial disclosure policy.

Attorneys from Ballard Spahr’s Los Angeles office discuss recent notable developments in California law, including a decision by the California Supreme Court holding that high-interest rate loans could be vulnerable to unconscionability claims, a new California consumer privacy statute, and the effects of last year’s California Supreme Court decision regarding the enforceability of arbitration clauses in cases requesting public injunctive relief.

Ballard Spahr attorneys discuss the significant substantive takeaways from the CFPB’s new report, the first edition of Supervisory Highlights issued under Acting Director Mick Mulvaney’s leadership.

Ballard Spahr attorneys discuss the ongoing litigation challenging the CFPB’s constitutionality, President Trump's nomination of Kathy Kraninger to serve as CFPB Director, and recent statements by HUD and the CFPB signaling an intent to revisit the disparate impact theory.