On November 20, 2015, the CFPB published its current rulemaking agenda. Under the Dodd-Frank Wall Street Reform Act, the CFPB drafts and implements new regulations governing certain consumer finance products and services. The CFPB publishes its regulatory agenda twice a year, which summarizes the proposed regulations (or “rules”) the Bureau is…
On November 5, 2015 the Massachusetts Attorney General’s Office announced that a national auto loan company agreed to pay $5.4 million in restitution to Massachusetts consumers to settle allegations it charged excessive interest rates on automobile loans. According to the Massachusetts AG, the company purchased loans from primary creditors that contained…
On October 20, the Federal Trade Commission (FTC) announced that it approved final consent orders against two Law Vegas auto dealers for misrepresenting the cost of cars in advertising, which the dealers had agreed to settle back in June (available here and here). The complaints (available here and here) alleged that the…
On October 1, 2015, the CFPB announced an enforcement action and consent order with an indirect auto lender for illegal debt collection and other practices. It is alleged that the company’s actions violated the Fair Debt Collection Practices Act, the Truth in Lending Act, and the Dodd-Frank Act. The illegal…
On September 23, 2015, the Vermont Attorney General’s Office announced a settlement with a regional automobile title loan company over allegations the company charged illegal interest rates and fees to borrowers. The company operated websites that offered automobile title loans to Vermont consumers. Consumers who were approved for the loans assigned…
On August 18, 2015, the Oregon Attorney General’s Office and the Oregon Department of Consumer and Business Services announced that they filed a lawsuit against a regional automobile loan company. The company advertised car title loans online. When consumers completed the online applications, the company allegedly deceived them into signing…
On July 15, the Consumer Financial Protection Bureau (“CFPB”) and the Department of Justice (“DOJ”) announced that claims concerning an indirect auto finance company’s alleged discriminatory lending practices were settled as part of a consent order requiring $24 million in restitution payments to borrowers and changes to the lender’s dealer compensation system. The consent order alleges…
The Consumer Financial Protection Bureau’s recent action against two credit card vendors regarding credit monitoring and identity theft protection services is a reminder of the legal risks associated with certain add-on products. The July 1 settlement, in which the CFPB found that the vendors misled customers about the benefits of…
On June 10, 2015, the CFPB issued a Final Rule amending the scope of its regulatory authority to include “larger participants” of the automobile financing industry. Under the Final Rule, the CFPB will supervise certain nonbank auto finance companies that (1) originate loans for the purchase of automobiles; (2) refinance…
On June 23, 2015, the West Virginia Attorney General announced a settlement with an automobile title loan and debt collection company over claims the company engaged in abusive debt collection practices. According to the West Virginia Attorney General, the company repeatedly called consumers at inconvenient times regarding their delinquent loan payments and…
On Wednesday, June 10, 2015, the Consumer Financial Protection Bureau (“CFPB”) announced a new rule that grants the CFPB the ability to monitor nonbank companies that qualify as “larger participants of a market for automobile financing.” The CFPB simultaneously adopted a separate rule defining certain automobile leases as a “financial…
On June 9, 2015, the Federal Trade Commission (“FTC”) announced that it provided its 2014 Annual Financial Acts Enforcement Report (the “Report”) to the Consumer Financial Protection Bureau (“CFPB”) and the Federal Reserve Board. The 23-page Report, dated May 29, 2015, provided information about enforcement and related activities involving Regulation Z (Truth in…
On June 10, the Federal Trade Commission (“FTC”) announced that it entered into a consent order with an Arkansas car dealer over charges that the car dealer failed to display a “Buyers Guide” on used cars offered for sale. In connection with the settlement, the car dealer agreed to pay…
On June 10, the Federal Trade Commission (“FTC”) announced that it unanimously approved consent orders with two Georgia car title lenders that the FTC charged had failed to disclose important conditions about financing for their title loans. In its complaint, the FTC alleged that the car title lenders violated the…
On May 15, the Federal Trade Commission (FTC) announced that a settlement was reached against “a company that deceptively advertised its add-on biweekly auto payment plan” for allegedly violating the FTC Act, 15 U.S.C. Section 45, et seq. The Complaint alleged that the payment liaison company deceptively pitched consumers a…
On May 7, 2015, the Department of Justice (DOJ) announced a settlement with a regional bank over allegations of discriminatory lending. In a Complaint filed in federal court, the Department of Justice alleged that the bank engaged in a “pattern or practice” of charging Hispanic or African American borrowers higher…
On April 20, 2015, the Tennessee Attorney General announced that it and the Tennessee Division of Consumer Affairs reached a settlement with a state auto dealer over allegations that the auto dealer violated the Tennessee Consumer Protection Act by mailing two false advertisements to consumers. The allegedly false advertisements purported…
On February 24, 2015, Capital One Financial Corporation disclosed in its annual SEC 10-K filing that in early 2015 it had received subpoenas related to the bank’s subprime auto financing and securitization activities from the New Jersey office of the Department of Justice (DOJ) and the New York district attorney’s…
On February 25, 2015, a national lender and securitizer of automobile loans disclosed in a SEC Filing that the Department of Justice (“DOJ”) issued a subpoena to the lender in January 2015 regarding its origination and securitization of subprime auto loans. The lender disclosed that the DOJ may initiate civil…
On February 25, 2015, the Department of Justice (“DOJ”) announced a settlement with a national motor vehicle lender over allegations that the company repossessed over 1,1000 cars in violation of the Servicemembers Civil Relief Act, 50 U.S.C. Sections 501-597b. A consent order was filed in the U.S. District Court for…