We take a close look at the CDIA code options available for direct and indirect consumer disputes, their relationship to FCRA compliance, CFPB scrutiny of code use in FCRA compliance exams of furnishers, and court decisions involving alleged improper coding of disputed accounts. We also share our thoughts on best practices for furnishers in coding disputed accounts. 

Chris Willis, Co-Chair of Ballard Spahr’s Consumer Financial Services Practice Group, hosts the conversation, with Stefanie Jackman and Joel Tasca, partners in the firm’s Consumer Financial Services Litigation Group.

With the U.S. Treasury Department now completing the process of issuing the third round of EIPs, financial institutions must navigate a maze of federal and state garnishment protections. After looking at the protection provided by the three federal pandemic relief laws, we discuss the actions states have taken to protect EIPs and offer our thoughts on the approach banks should take when responding to garnishment orders and analyzing the impact of state laws, executive orders, guidance, and directives.

Ballard Spahr Senior Counsel Alan Kaplinsky hosts the conversation joined by Lori Sommerfield, Of Counsel in the firm’s Consumer Financial Services Group.

After reviewing the existing types of federal student loans and forgiveness programs, we discuss the current political debate over forgiveness, including the Education Dept.’s upcoming analysis of the President’s forgiveness authority and other analyses of such authority, potential legal sources of such authority, and how courts might respond to challenges to any Presidential action to forgive federal student loans.

Ballard Spahr Senior Counsel Alan Kaplinsky hosts the conversation joined by Tom Burke, a partner in the firm’s Consumer Financial Services Litigation Group.

The ruling that a debt collector’s transmittal of debt information to its letter vendor could violate the FDCPA’s limits on third party communications has produced shock waves. After reviewing the court’s FDCPA analysis, we discuss the decision’s potential application to a range of third party service providers and to first-party creditors and the prospects for rehearing or SCOTUS review. We also share our thoughts on possible industry strategies for responding to the decision and look at the court’s analysis finding that the plaintiff had standing to bring his FDCPA claim.

After discussing the pandemic’s impact on the DFPI’s activities, Commissioner Alvarez discusses the DFPI’s focus on diversity and inclusion, its creation of a new registration system for financial services companies, and its approach to enforcement priorities. The Commissioner also spoke to the impact of a Biden Administration, including possible areas of collaboration with the CFPB, and the role of its new Office of Financial Technology Innovation.

After looking at CSBS’s role in the system of state financial supervision, we discuss its initiatives to coordinate state licensing and supervision of multi-state non-bank companies, such as by implementing a “one company-one exam” approach and multi-state licensing program, its work on a model law for money services businesses, why CSBS opposes an OCC fintech charter for non-depository companies, and its position on the OCC/FDIC “Madden-fix” rules and OCC “true lender” rule.

Mr. Hunt shares his perspective on a range of issues, including how Rohit Chopra, CFPB Director-nominee, is likely to approach his new role, the CFPB’s likely approach to innovation and overdraft rulemaking under Mr. Chopra’s leadership, how banks are engaging with data aggregators, the OCC’s role and expectations for a new Comptroller, the status of Community Reinvestment Act rulemaking, and the potential for legislative changes.

Ballard Spahr Senior Counsel Alan Kaplinsky hosts the conversation.

After looking at how the decision narrows the technology covered by the Telephone Consumer Protection Act’s automatic telephone dialing system definition, we discuss its implications for TCPA litigation going forward, including do-not-call and prerecorded call claims and the intersection with debt collection claims, and for regulatory compliance when making calls for telemarketing or lead generation, as well as possible Congressional responses to the decision.

After reviewing the legal developments leading to this surging litigation phenomenon and describing its use by plaintiffs’ attorneys, we discuss the courts’ position on mass arbitration, short-and long-term strategies for companies to consider in addressing the risks of mass arbitration demands, including revisions to arbitration agreements, changes to AAA’s fee schedule, and policy implications.

Ballard Spahr Senior Counsel Alan Kaplinsky hosts the conversation joined by Mark Levin, Senior Counsel in the firm’s Consumer Financial Services Litigation Group.

NACA is one of the plaintiffs in the Massachusetts lawsuit challenging the CFPB’s creation of its Taskforce on Federal Consumer Financial Law. Mr. Rheingold discusses the legal basis for the lawsuit, NACA’s views on how the CFPB should approach modernization of federal consumer financial laws, and NACA’s support for federal legislation or new CFPB rulemaking restricting mandatory arbitration.

Ballard Spahr Senior Counsel Alan Kaplinsky hosts the conversation.