Mark J. Furletti

Mark J. Furletti focuses on federal and state consumer lending and payments laws, including those that apply to payment cards, vehicle-secured loans, unsecured loans, and deposit products. He counsels providers of consumer financial services, including banks, on regulatory compliance matters and has successfully represented such providers in class action litigation.

Mr. Furletti regularly provides guidance on electronic payments and payment network rules, electronic contracting and mobile commerce, preparing for examinations by the Consumer Financial Protection Bureau, Article 9 of the Uniform Commercial Code, and consumer protection laws, such as the Telephone Consumer Protection Act (TCPA), Truth in Lending Act (TILA), Fair Credit Reporting Act (FCRA), Equal Credit Opportunity Act (ECOA), Electronic Funds Transfer Act (EFTA), and UDAAP statutes prohibiting unfair, deceptive, and abusive acts and practices. He also defends class actions alleging violations of these laws and state automobile repossession laws.

Previously, Mr. Furletti worked for the Federal Reserve Bank of Philadelphia for several years, during which he authored more than 15 articles on consumer credit and payments topics and advised those crafting regulations on consumer credit and consumer payments issues. One article, “The Debate Over the National Bank Act and the Preemption of State Efforts to Regulate Credit Cards,” 77 Temple L. Rev. 425 (2004), was named best student article by the American College of Consumer Financial Services Lawyers. Other published articles include “Credit Card Pricing Developments and Their Disclosure,” 13 J. of Fin. Transformation 5 (2005).

Mr. Furletti has worked as a business consultant, assisting the nation's largest retail banks and credit card lenders with customer strategy issues, and as a manager at one of the largest credit card issuers in the United States.

Representative Matters

• Fuges v. Southwest Financial Services, Ltd., 707 F.3d 241 (3d Cir. 2012) (affirming decision of district court that there was no willful violation of the Fair Credit Reporting Act by provider of current owner property reports used in connection with second mortgage transactions) 
• Epps v. JPMorgan Chase Bank, N.A., No. 10-1504, 2012 WL 5250538 (D. Md. 2012) (refusing to certify repossession notice class action and dismissing claims alleging violations of Maryland's Credit Grantor Closed End Provisions and Consumer Protection Act)
• Raeth v. National City Bank, 755 F.Supp.2d 899 (W.D. Tenn. 2010) (dismissing case under Truth in Lending Act challenging suspension of home-equity line of credit after decline in value of home)

Judicial Clerkships

Hon. Franklin S. Van Antwerpen, U.S. Court of Appeals for the Third Circuit

Professional Activities

American Bar Association
Vice Chair, Electronic Financial Services Subcommittee, 2012-2015

Recognition & Accomplishments

Chambers USA: America's Leading Lawyers for Business, "Associate to Watch" in banking and finance: financial services regulation: consumer finance (compliance), national ranking; and banking and finance: mainly regulatory (Pennsylvania), 2012

Speaking Engagements

"Hot Topics in Credit Card Compliance," Auriemma Consulting Group Card Compliance Forum, New Orleans, February 27, 2013

Panelist, "Hot Topics in Credit Card and Debit Card Litigation," Ballard Spahr webinar, February 26, 2013

Moderator, "The Latest Developments in Mobile Banking and Commerce and Tips for Handling the Mobile Banking and Commerce Applications Your Clients Are Starting To Use," 2013 Winter Meeting of the American Bar Association, Business Law Section, Consumer Financial Services Committee, Naples, Fla., January 8, 2013

Panelist, "Getting Mobile: Using the Mobile Channel To Deliver Consumer Financial Services and Reach New Customers," Ballard Spahr webinar, September 13, 2012

Program Co-Chair and panelist, "Clickwraps, Browsewraps and ESIGN," American Bar Association Summer Meeting, August 5, 2012

Panelist, "Smart Calls to Smart Phones: Avoiding TCPA Liability in Telemarketing and Collection Calls," Ballard Spahr webinar, May 1, 2012

Panelist, "How Wide is CFPB's Target in the Payday Loan Exam?" Ballard Spahr webinar, February 14, 2012

Presentations on the Telephone Consumer Protection Act and Behavioral Economics, Continuing Legal Education, December 2011

"The Increasing Importance of Behavioral Economics in the Regulation of Consumer Credit and Payments," American Bankers Association, Bank Counsel UDAP Meeting, November 2011

"Best Practices in Online Contracting," Pennsylvania Bankers Association Lending Conference, November 2011

"Developments in Payment Systems Law," Temple University School of Law, Payment Systems Law Class, Guest Lecturer, November 2011

"Developments in Bank Deposits and Payment Systems: Impacts on Consumer Choice," Harland Financial Solutions Network of State & Federal Counsel Conference, October 2011

Panelist, "The First Anniversary of the Consumer Financial Protection Bureau," Ballard Spahr webinar, July 21, 2011

"Legislative and Regulatory Developments Affecting Consumer Payment Vehicles," McKinsey Payment Operations and Strategy Forum, Atlanta, May 2011

"The Paternalistic Approach to Consumer Finance: Does the Government Know Best?" ABA Business Law Section Meeting, Boston, April 2011

"So What if You Didn’t Touch That Dial? Avoiding Liability under the TCPA," Ballard Spahr webinar, April 12, 2011

"An Introduction to Behavioral Law & Economics," Continuing Legal Education, Stamford, Conn., March 2011

"Anatomy of a Mortgage Foreclosure," ABA Consumer Financial Services Committee Winter Meeting, January 2011

"The Dodd-Frank Act on Residential Mortgage Lending," Ballard Spahr webinar, December 1, 2010

"Dodd-Frank Wall Street Reform and Consumer Protection Act," Ballard Spahr CLE program, July 28, 2010

"Overview of the Dodd-Frank Act," Bankerstuff.com, July 2010

"Legislative, Regulatory and Case Law Developments Affecting Consumer Choice in Payments," Federal Reserve Bank of Chicago, May 2010

Speaker, "Prepaid Card Update," and overall event Co-chair, Pennsylvania Bar Institute's Banking and Consumer Financial Services Law Update, April 2010

"Data Security: Protection and Compliance Basics," Ballard Spahr webinar, March 30, 2010

"Recent Developments in Arbitration," Federal Reserve Bank of Philadelphia, July 2009

"Recent Developments Impacting Residential Mortgage Lending," Continuing Legal Education, June 2009

"Regulatory Enforcement and Litigation," Payment Cards Institute, May 2009

"Federal Reserve's Proposed Rule Regarding Credit Cards and Unfair or Deceptive Acts or Practices," Continuing Legal Education, July 2008

Community Activities

Parish Pastoral Council of Immaculate Conception Church, Jenkintown, Pa.

Temple University James E. Beasley School of Law (J.D. 2006, cum laude)
Note and Comment Editor, Temple Law Review

Loyola College in Maryland (B.B.A. 1996, cum laude)

New Jersey

Pennsylvania

U.S. District Court for the Eastern of Pennsylvania

U.S. Court of Appeals for the Third Circuit