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25 Oct 2017, 8:02 am by Alan S. Kaplinsky and Mark J. Levin
  Alan Kaplinsky, who leads the firm’s Consumer Financial Services Group, provided testimony on behalf of the industry at three CFPB field hearings on the arbitration rule. [read post]
23 Sep 2017, 7:50 pm by Jeff Sovern
Alan Kaplinsky recently tweeted that class actions were not needed in the wake of the Equifax scandal because the CFPB is expected to act. [read post]
20 Sep 2017, 12:48 pm by Jeff Sovern
But I don’t think it’s a substitute for class actions. [read post]
18 Sep 2017, 7:31 am by Barbara S. Mishkin
The CFPB’s final arbitration rule was the subject of an article by Ballard Spahr partners Alan Kaplinsky and Mark Levin recently published by The Regulatory Review, a publication of the University of Pennsylvania Law School’s Penn Program on Regulation. [read post]
16 Sep 2017, 3:33 pm by Jeff Sovern
Alan Kaplinsky and Mark Levin, of the Ballard Spahr firm, responded with a blog post, Senator Warren’s Numbers Don’t Add Up,  which also included interesting information. [read post]
9 Aug 2017, 12:19 pm by Adam Levitin
The idea put forward by Alan Kaplinsky, the so-called “father of forced arbitration,” that the FVA controls because the CFPA uses the words “in the absence” rather than “vacant” is baseless. [read post]
Unfortunately, as set forth in Alan Kaplinskys article for American Banker’s BankThink, the possibility that the OCC might charter SPNBs (or deposit-taking fintech national banks) does not fully address the Madden and “true lender” risks facing fintech companies, their bank partners, or other entities involved in “bank-model” lending programs. [read post]
18 Jul 2017, 12:11 pm
“The CFPB has decided to overstate the value of class actions for consumers, contrary to the CFPB’s own data in its study, which demonstrates unequivocally that the only real beneficiaries of class action litigation are the plaintiffs’ class action lawyers,” said corporate attorney Alan Kaplinsky, who pioneered the use of pre-dispute arbitration provisions in consumer contracts. [read post]
17 Jul 2017, 11:52 am by Barbara S. Mishkin
  (While these statutory amendments would be welcome, Alan Kaplinsky pointed out in an article for American Banker’s BankThink that the OCC could more simply and quickly accomplish the same objective for national banks by issuing a regulation.) [read post]
13 Jul 2017, 5:49 am
Our new rule will stop companies from sidestepping the courts and ensure that people who are harmed together can take action together,” said the CFPB’s director, Richard Cordray.A lawsuit challenging this rule is very likely, according to Ballard Spahr’s Alan Kaplinsky, who heads the firm’s Consumer Financial Services Group. [read post]
8 May 2017, 1:51 pm by Barbara S. Mishkin
  (While these statutory amendments would be welcome, Alan Kaplinsky recently pointed out in a recent article for American Banker’s BankThink that the OCC could more simply and quickly accomplish the same objective for national banks by issuing a regulation.) [read post]
27 Mar 2017, 12:57 pm by Barbara S. Mishkin
Mishkin Earlier today, at the Practicing Law Institute’s (“PLI”) 22nd Annual Consumer Financial Services Institute in New York City, Alan Kaplinsky (who is co-chairing the event) moderated a panel entitled “The CFPB Speaks,” that featured three senior CFPB lawyers: Anthony (“Tony”) Alexis (Assistant Director for Enforcement), Diane Thompson (Deputy Assistant Director, Office of Regulations), and Peggy Twohig (Assistant Director for… [read post]
20 Mar 2017, 10:44 am by Barbara S. Mishkin
Mishkin In a recent blog post, Alan Kaplinsky and Scott Pearson wrote about the remarks made by CFPB Director Richard Cordray and Comptroller of the Currency Thomas Curry at the LendIt USA conference in New York City earlier this month. [read post]