Mark J. Furletti

Mark J. Furletti is the Co- Leader of the firm's Consumer Financial Services Group. He focuses on federal and state consumer lending and payments laws, including those that apply to payment cards, vehicle-secured loans, lines of credit, 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 and government supervisory and enforcement matters. He also regularly counsels purchasers of merchant receivables, companies that specialize in online small business lending and companies that interact with their customers electronically or that set up recurring billing arrangements with their customers.

Mark regularly provides guidance on electronic payments and payment network rules, electronic contracting and mobile commerce, online banking, retail installment sales, preparing for examinations by the Consumer Financial Protection Bureau (CFPB), responding to CFPB supervisory requests (including so-called PARR letters), Article 9 of the Uniform Commercial Code, lease-purchase transactions 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), Electronic Signatures in Global and National Commerce Act (E-SIGN), and UDAAP statutes prohibiting unfair, deceptive, and abusive acts and practices. 

Mark serves as chair of the firm's TCPA Team and previously served as co-chair of the Electronic Financial Services Subcommittee of the American Bar Association's Consumer Financial Services Committee.

Most recently, Mark has worked on the following matters:

• Assisted multiple Fintech companies in structuring and drafting all consumer-facing disclosures for their bank model consumer credit programs
• Led regulatory due diligence on multiple companies in the consumer credit, small business financing, and direct to consumer markets
• Counseled clients on text message marketing programs where prior express written consent is obtained via text message
• Advised clients on the application of state laws to bank model consumer and small business lending programs
• Drafted third party service provider agreements for clients subject to CFPB supervisory jurisdiction, including agreements with lead generators, marketing partners and debt buyers
• Reviewed underwriting models and lending practices for fair lending risk and oversaw fair lending testing programs for clients
• Assisted multiple professional sports teams with drafting season ticketholder agreements, associated payment authorizations, and associated TILA disclosures
• Advised clients on data aggregation and other innovative consumer and business products that may implicate credit reporting laws

Previously, Mark 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).

Mark also 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.

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, 2012-2018

Ballard Spahr Strategic Planning Committee, 2017-present

Recognition & Accomplishments

Elected as a Fellow to the American College of Consumer Financial Services Lawyers, 2019

Chambers USA, leading practice in banking and finance: financial services regulation: consumer finance, compliance (Nationwide), 2017, 2019-2020; banking and finance: mainly regulatory (Pennsylvania), 2012-2020

The Legal 500 US, Finance - Financial Services: Regulatory, Next Generation Lawyer, 2017-2020

Recent Publications

"Using Alternative Data in Credit Underwriting," Ballard Spahr alert, January 2, 2020

"11th Circuit Splits From Ninth Circuit on Text Message-Based TCPA Claims," Ballard Spahr alert, September 6, 2019

"Eighth Circuit Rules Against Telemarketing Company on TCPA Claim, Yet Declares $1.6 Billion in Statutory Damages Unconstitutional," Ballard Spahr alert, July 23, 2019

"SCOTUS Punts on Whether FCC's TCPA Interpretations Bind District Courts," Ballard Spahr alert, June 24, 2019

"Ninth Circuit Reaffirms Its Broad Definition of ATDS in TCPA; Rules Government Debt Exception Unconstitutional," Ballard Spahr alert, June 18, 2019

"Employers: No Time Like the Present to Scrutinize Background Check Forms," Ballard Spahr alert, February 7, 2019

"CFPB Proposes Revisions to Final Payday/Auto Title/High-Rate Installment Loan Rule," Ballard Spahr alert, February 7, 2019

"Ninth Circuit Accepts Broad Definition of ATDS," Ballard Spahr alert, September 21, 2018

"California on the Verge of Requiring Commercial Finance Disclosures," Ballard Spahr alert, September 6, 2018

"TCPA's Definition of Autodialer Restricted to Equipment's Current Functions, Second Circuit Holds," Ballard Spahr alert, July 5, 2018

Recent Speaking Engagements

"Using RCC’s After FTC’s Novel Payment Method Stipulated Order" Short-Term Loan Bar Association Annual Meeting, November 12, 2019

"Developments Regarding Fair Lending," and "The Rapidly Evolving Landscape for Fintech," Pennsylvania Bar Institute: Consumer Financial Services & Banking Law Update, October 29, 2019

"Asset Accounts: Payments, Regulation E, Prepaid Cards," Tenth Annual National Institute on Consumer Financial Services Basics, October 3, 2019

"Prescreening, Prequalifying and Postscreening in the Era of Big Data," American Bar Association: Business Law Section Annual Meeting, September 12, 2019

"2019 California Financial Code Legislative Update," California Lawyers Association: Consumer Financial Services Law Committee, July 18, 2019

"Targeted Marketing of Financial Services: What are the Fair Lending Rules of the Road?" Ballard Spahr webinar, July 9, 2019

"AI & Big Data in the Financial Services Industry," Ballard Spahr webinar, June 18, 2019

"Regulations and Enforcements," Ballard Spahr 2019 Card Issuer Workshop, May 14, 2019

"Season Ticket Payment Plans: Federal & State Consumer Protection Considerations," In-House Counsel CLE, April 9, 2019

"CFPB Payday Lending Rule: Status and Prospects," Ballard Spahr webinar, February 21, 2019

"California's Regulation of Commercial Finance: The Impact of SB 1235 and Its Implementing Regulations," Ballard Spahr webinar, January 3, 2019

"Payroll Cards: Making it Work," Ballard Spahr webinar, December 12, 2018

"Season Ticket Payment Plans: Federal and State Consumer Protection Considerations," In-House Counsel CLE, November 30, 2018

"Data Aggregation Services: What Are They? What Issues Do They Implicate? How Can They Be Used To Help With Reg. OO Compliance?" Short-Term Loan Bar Association Annual Meeting, November 12, 2018

"Small Business Financing Regulatory Briefing," Small Business Finance Association, November 1, 2018

"Open Banking: Advantages and Challenges. What Can U.S. Markets Learn From Open Banking Developments in Europe?" ABA Consumer Financial Services Committee Meeting, September 13, 2018

"Important State Law Developments for Small-Dollar Lenders," Ballard Spahr webinar, September 5, 2018

"The Use of Data Aggregation in the Consumer Financial Services Industry," Ballard Spahr webinar, August 2, 2018

"Artificial Intelligence in the Consumer Financial Services Industry," Ballard Spahr webinar, July 11, 2018

Community Activities

Lector at Our Mother of Consolation Parish, Philadelphia

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

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

New Jersey

Pennsylvania

U.S. District Court for the Eastern District of Pennsylvania

U.S. Court of Appeals for the Third Circuit