Mark J. Furletti

Partner

furlettim@ballardspahr.com
Tel 215.864.8138
Fax 215.864.8999
Philadelphia

Mark J. Furletti 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: America's Leading Lawyers for Business, leading practice in banking and finance: financial services regulation: consumer finance (compliance), national ranking, 2017; and "Up and Coming" banking and finance: mainly regulatory (Pennsylvania), 2012-2018

The Legal 500 US, Finance - Financial Services: Regulatory, Next Generation Lawyer, 2017-2018

Recent Publications

"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

"Third Circuit Refuses to Apply TCPA Autodialer Limits Based on System's Potential Capacity," Ballard Spahr alert, June 28, 2018

"Oral Revocation of TCPA Consent Ineffective Where Agreement Required Written Notice, Court Rules," Ballard Spahr alert, May 15, 2018

"D.C. Circuit TCPA Decision Gives Industry Partial Victory But No Certainty," Ballard Spahr alert, March 20, 2018

"CFPB Issues Final Payday/Auto Title/High-Rate Installment Loan Rule," Ballard Spahr alert, October 6, 2017

"Second Circuit Holds That TCPA Does Not Permit Unilateral Revocation of Consent Obtained Contractually," Ballard Spahr alert, June 28, 2017

"FCC Cannot Require Opt-Out Notice on 'Solicited' Fax Ads, D.C. Circuit Holds," Ballard Spahr alert, April 5, 2017

"OCC Issues Draft Licensing Supplement for Fintech Companies Seeking National Bank Charters," Ballard Spahr alert, March 24, 2017

"Lawmaker Seeks CFPB Fair Lending Investigation of Fintech Small Business Lenders," Ballard Spahr alert, March 16, 2017

"Ninth Circuit to Decide Key TCPA Insurance Issue," Ballard Spahr alert, February 22, 2017

"NY Licensing Proposal Threatens New Burdens on Financial Services Providers," Ballard Spahr alert, February 14, 2017

"Letter Warning of Lien Recordation Subject to FDCPA, Ninth Circuit Holds," Ballard Spahr alert, January 26, 2017

"OCC Addresses Concerns on Issuance of National Bank Charters to Fintech Companies," Ballard Spahr alert, January 6, 2017

"Tribal Sovereign Immunity Not a Bar to Payday Lending Enforcement Action," Ballard Spahr alert, January 4, 2017

Recent Speaking Engagements

"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

"Asset Accounts: Payments, Regulation E, Prepaid Cards," Ninth Annual National Institute on Consumer Financial Services Basics, October 11, 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 

"Fintech and Marketplace Lending: Is it Really the Wild, Wild West?" Ballard Spahr webinar, June 6, 2018 

"The D.C. Circuit's Long-Awaited TCPA Decision: Litigation and Compliance Strategies," Ballard Spahr webinar, April 3, 2018

"Q1 2018 Regulatory Update – A Brave New World?" Client Executive Meeting, March 7, 2018

"Introduction to Merchant Cash Advances," In-House Counsel CLE, November 30, 2017

"Key Non-ATR Features of the CFPB Payday Rule," Short-Term Loan Bar Association Annual Meeting, November 14, 2017

"First Takes on the CFPB Small Dollar Rule: What It Means for You," Ballard Spahr webinar, November 9, 2017

"CFSA Webinar - CFPB Small Dollar Rule - What it Means for You," Ballard Spahr webinar, October 24, 2017

"Asset Accounts: Payments, Regulation E, Prepaid Cards," Eighth Annual National Institute on Consumer Financial Services Basics, October 20, 2017

"Fair Lending Update – What's Happening Around the Industry," Ballard Spahr webinar, September 26, 2017

"Training on the Fair Credit Reporting Act," In-House Counsel CLE, September 21, 2017

"Alternative Credit Risk Scoring Models," ABA Banking Law Section Meeting, September 14, 2017

"Evolving Regulation of Small Business Lending: What You Need to Know," Ballard Spahr webinar, July 11, 2017

"Regulatory Implications for the Use of Social Media in Online Marketing," Conference on Consumer Finance Law, May 16, 2017

"The CFPB's Consumer Credit Card Market RFI and Other Important Recent Credit Card Developments," Ballard Spahr webinar, April 13, 2017

"Legal Issues in Marketing Consumer Credit Products," In-House Counsel CLE, January 30, 2017

"Big Data and Computer Learning – Lots of Opportunity and Lots of Legal Risk," Ballard Spahr webinar, January 17, 2017

"Why Can't We Have a One-Click, Hyperlinked Disclosure Consent Process Like Everyone Else?" ABA Consumer Financial Services Committee Meeting, January 14, 2017

Community Activities

Lector at Our Mother of Consolation Parish, Philadelphia

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 District of Pennsylvania

U.S. Court of Appeals for the Third Circuit