On March 26, 2015, CFPB Director Richard Cordray announced a proposed outline of changes to payday lending that would vastly alter the current rules and regulations. The new rules would address both short-term and longer-term credit products such as payday loans; deposit advance products; high-cost installment loans; certain other open-end lines…
On March 30, 2015, the Consumer Financial Protection Bureau (“CFPB”) announced that a California-based debt collection agency agreed to settle claims over alleged illegal and deceptive collection practices in violation of the Consumer Financial Protection Act (“CFPA”) and the Fair Debt Collection Practices Act (“FDCPA”). The CFPB alleged in its complaint…
On March 9, 2015, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray held oral arguments in the first appeal of a CFPB administrative enforcement action. Both counsel for the CFPB and Respondents PHH Mortgage Corporation and Atrium Insurance Corporation appealed to Cordray from the Administrative Law Judge’s (ALJ) Recommended Decision,…
On March 9, 2015, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray held oral arguments in the first appeal of a CFPB administrative enforcement action. Both counsel for the CFPB and Respondents PHH Mortgage Corporation and Atrium Insurance Corporation appealed to Cordray from the Administrative Law Judge’s (ALJ) Recommended Decision,…
On March 10, 2015, the Consumer Financial Protection Bureau (CFPB) released its Arbitration Study, which concludes that arbitration agreements in contracts associated with consumer financial products constrain consumers’ ability to assert their rights if a dispute arises. The study, which the CFPB was directed to carry out under Section 1028(a)…
On March 3, 2015 CFPB Director Richard Cordray appeared before the House Committee on Financial Services to deliver testimony regarding the Bureau’s work. Director Cordray spent much of his semiannual address touting the Bureau’s efforts in the mortgage space. In his written statement, Director Cordray commented on the Bureau’s Qualified…
State and federal regulation of payday lenders is far from a new phenomenon. Recently, litigation against entities using the “tribal lending” model, and government attempts to suppress certain online lending programs via Operation Chokepoint have put the spotlight back on industry. In past articles, we have noted that the Consumer Financial…
On February 12, 2015, the CFPB announced that it had entered a consent order with a California-based mortgage lender and broker to resolve allegations that the lender allegedly sent deceptive mailings signifying an FHA and VA affiliation in violation of Regulation N and the Consumer Financial Protection Act. The lender…
On February 12, 2015, the CFPB announced that it had entered into a consent order with a Utah-based mortgage broker and lender to resolve allegations that the lender sent deceptive mailings to VA homeowners in violation of Regulation N and the Consumer Financial Protection Act. The lender allegedly sent mailings…
On February 12, 2015, the CFPB announced that it had filed a complaint in the U.S. District Court for the District of Maryland alleging that a Maryland-based reverse mortgage lender and broker disseminated deceptive and misleading advertisements for mortgage credit products, thereby violating the Mortgage Acts and Practice Rule, 12…
On February 10, 2015, the CFPB announced that it had entered a consent order with a Maryland-based nonbank mortgage lender to resolve allegations that the lender had engaged in deceptive advertising and an illegal kickback scheme. The CFPB alleged that the lender advertised VA mortgage products to veterans, claiming that…
The Consumer Financial Protection Bureau (CFPB) recently announced that it had reached an agreement to give students of Corinthian College, Inc. at least $480 million in principal reductions on existing student debt. Former and current students will receive an immediate 40% reduction on existing principal balances of their loans with…
On February 4, 2015, the CFPB announced that it had entered a consent order with a Delaware-based subprime credit card company and servicer concerning allegations that the company made false statements and charged illegal fees for credit cards in violation of the Truth in Lending Act. The company purportedly charged…
On February 3, 2015, the CFPB announced that it had entered a stipulation for an order and final judgment with a Texas-based company that had falsely intimated that its membership card was a credit card. The card was advertised and offered to union workers and charged a membership fee. Purchasers…
On February 2, 2015, the CFPB announced that it had reached a settlement with the ECMC Group and the Zenith Education Group (collectively “ECMC”), two companies that had purchased colleges formerly affiliated with Corinthian Colleges, Inc. ECMC agreed to coordinate $480 million in debt relief for current and former Corinthian…
On January 22, 2015, the CFPB and the Maryland Attorney General announced a settlement with two national banks related to an investigation into allegations that the loan officers at the banks steered customers to a title company in exchange for allegedly illegal kickbacks. The Complaint alleged that the banks and…
Speculation abounds regarding what the CFPB’s expected 2015 rules regarding first party debt collectors will be. Here’s the background you need to know. On November 12, 2013, the CFPB issued an Advance Notice of Proposed Rulemaking, seeking comments to its proposal to update the Fair Debt Collection Practices Act (“FDCPA”). As…
On Monday, November 17, we briefly discussed the CFPB’s newly proposed prepaid card rules. Today we elaborate on these newly proposed rules, and their effect on issuers if these new rules are implemented by the CFPB. Scope: The CFPB explained what it considers to be a prepaid card for purposes of…
The CFPB recently proposed additional amendments to its Mortgage Servicing Rules which, if implemented, would provide additional protections for mortgage borrowers facing default or foreclosure. These amendments, which the CFPB announced on November 20, 2014, are the latest in a series of revisions to the Rules (which we have discussed…
On December 3, New York governor Andrew Cuomo announced the final version of the state Department of Financial Services (DFS) regulations governing debt collection actions by third-party debt collectors and debt buyers. The regulations contain a number of new requirements for third party debt collectors, including: New / Enhanced Initial…