In a significant development, for the first time under Consumer Financial Protection Bureau Acting Director Russell Vought, CFPB litigators have informed a court that they have received authority from the Acting Director to continue litigating a matter. Since Rohit Chopra was removed as Director of the CFPB on January 31,…
On September 13, 2024, the United States District Court for the Southern District of Texas granted in part and denied in part the defendants’ motion to dismiss in CFPB v. Colony Ridge, Case No. 4:23-cv-04729. The Court held that the Consumer Financial Protection Bureau (CFPB) and the U.S. Department of…
On June 24, 2024, the Consumer Financial Protection Bureau (CFPB) announced that it had approved a new rule about the use of algorithms and artificial intelligence (AI) for home appraisals and valuations. The new rule was promulgated by the CFPB, the Federal Reserve, the Federal Deposit Insurance Corporation, the National…
On April 24, 2024, the CFPB released its Supervisory Highlights, Mortgage Servicing Edition, (Issue 33, Spring 2024) which provides insight on the CFPB’s current focus in examining mortgage loan servicers. According to the CFPB it “continues to prioritize scrutiny of exploitative illegal fees charged by banks and financial companies, commonly…
On November 8, 2023, the Minnesota Attorney General (Minnesota AG) announced that the state had reached a settlement with a California-based student-loan debt-relief provider over miscellaneous state law allegations. Specifically, the Minnesota AG alleged that the company did not register as a debt settlement services provider with the Minnesota Department of Commerce as required by Minn. Stat. § 332B.03. The…
On November 2, 2023, the Federal Trade Commission (FTC) announced that it had reached a settlement with a New York based personal finance application over claims that the app violated the Federal Trade Commission Act (FTCA), 15 U.S.C. §§ 45(a), 53(b), 57b, and Section 5 of the Restore Online Shoppers’ Confidence Act…
On October 30, 2023, the Federal Trade Commission (FTC) announced that the United States District Court for the Southern District of New York (SDNY) granted a permanent injunction containing a lifetime ban for the owner of a small-business lending company for unfair business practices and aggressive debt collection methods. On September 27, 2023, Judge Jed. S. Rakoff of SDNY granted summary…
On August 2, 2023, the CFPB announced that it had filed a complaint against a Georgia-based auto-loan servicer alleging “unfair acts and practices in violation of the Consumer Financial Protection Act of 2010 (CFPA), 12 U.S.C. §§ 5531(a), 5536(a)(1).” The complaint, filed in United States District Court for the Northern District of Georgia,…
On July 6, 2023, the FTC announced that it had entered into a consent order with a Florida-based vehicle extended warranty provider and its principal under which both agreed to cease all operations and any further involvement with extended automobile warranty sales as a result of what the FTC alleged were deceptive marketing…
On May 31, 2023, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with an Indiana-based non-bank installment lender. The consent order alleges that the lender engaged in unfair, deceptive, and abusive acts or practices concerning the “marketing, sales, and financing of optional ancillary products” that it offered. Specifically, the…
On May 31, 2023, the United States Department of Justice (DOJ), announced that it had entered into a settlement with a Philadelphia based bank and trust company over allegations that the bank had engaged in unlawful redlining in the Philadelphia metropolitan area. In the Complaint, filed contemporaneously with the consent order in U.S. District Court for the…
On December 22, 2022, the Massachusetts Attorney General (AG) announced a settlement with a South Carolina mortgage servicing company to resolve allegations that the company violated state mortgage servicing and debt collection laws. After an investigation, the AG alleged that the servicer did not take “reasonable steps” to help borrowers avoid foreclosures…
On August 3, 2022, the California Department of Financial Protection and Innovation (DFPI) announced that it had entered into a consent order with a Florida-based lending company that allegedly made “illegal loans.” Specifically, the consent order alleges that the company’s policy of making “buy now, pay later” arrangements for point-of-sale transactions qualified as “loans,” subjecting…
On June 22, 2022, the USAO for the Eastern District of Washington announced that it had reached a settlement with a California-based mortgage lender for fraudulent originations of Federal Housing Administration (FHA) backed loans. The investigation began as a qui tam action filed under seal in the U.S. District Court for the Eastern…
On June 9, 2022, the CFPB announced that it had reached an agreement with the former owner of a student-loan debt relief company banning the owner from the debt-relief industry. The CFPB filed a complaint in U.S. District Court for the Southern District of California alleging that the individual violated the Consumer Financial Protection Act…
On May 26, 2022, the North Carolina Attorney General (NC AG) announced that it obtained a default judgment against a California-based debt settlement business, and its proprietor. The lawsuit, filed on June 25, 2021 in the North Carolina Superior Court for Wake County, alleged that the entity violated North Carolina’s Debt Adjusting Act, N.C. Gen. Stat….
On May 23, 2022, the Consumer Financial Protection Bureau (CFPB) and the New York Attorney General (NY AG) announced that they have settled a case filed against six New York debt collection companies and affiliated individuals, resolving a one-and-a-half year enforcement action. The original complaint was filed on September 20, 2020 in the U.S. District Court for the Western…
On April 21, 2022, the Consumer Financial Protection Bureau (CFPB) announced a joint enforcement action with the New York Attorney General (NY AG) against one of the largest international remittance providers in the United States. The seven-count complaint, filed in U.S. District Court for the Southern District of New York, challenges the Dallas-based company’s remittance…
On April 15, 2022, the Federal Trade Commission (FTC) announced that it obtained a permanent injunction against an Illinois-based, offshore, for-profit medical school for deceptive marketing practices. In its complaint and stipulated order filed same-day in the U.S. District Court for the Northern District of Illinois, the FTC alleged that the school violated the Telemarketing Sales Rule (TSR) when…
On March 21, 2022, the Department of Justice (DOJ) announced that it obtained a permanent injunction against a credit repair company and its CEO, barring the company from making representations that it can improve consumers’ credit scores. The injunction was issued by the United States District Court for the Southern District of Texas in relation…