On April 13, 2016, the Office of the Comptroller of the Currency (the “OCC”) assessed a $35 million dollar penalty against a national bank for billing practices alleged to be unfair and deceptive in violation of Section 5 of the Federal Trade Commission Act. The penalty was assessed in connection with a credit…
On December 16, 2015, the CFPB announced the sixth annual report to Congress on college credit card agreements, pursuant to the Credit Card Accountability, Responsibility, and Disclosure Act (“CARD Act”). In the press release, the CFPB expressed concern that while credit card agreements between financial institutions and colleges may “offer…
On December 3, two telemarketers stipulated to a preliminary injunction preventing the companies from making allegedly misleading robocalls to consumers regarding reduction in credit card interest rates as part of a debt relief offering. In the underlying lawsuit, the Federal Trade Commission (FTC) and the State of Florida filed a…
On November 4, 2015, the Tennessee Attorney General announced a settlement with a credit card transaction processor over allegations that the company violated state consumer protection laws by misrepresenting the cancellation policy and duration of its credit card processing equipment leases, as well the compatibility of its equipment. As part of the…
On November 2, 2015, the California Attorney General’s Office announced that it had entered into a $100 million stipulated judgment with a national bank over allegations that the bank engaged in abusive debt collection practices, in violation of California’s Fair Debt Collection Practices Act. The allegations relate to the bank’s…
On September 28, 2015, the CFPB announced that it had entered into a consent order and settlement with a national bank for alleged violations of the Dodd-Frank Act’s UDAAP provision for deceptive acts or practices in the marketing and sales of its “Debt Protection” credit card add-on product. The debt…
On September 22, 2015, the New Hampshire Attorney General’s Office announced two regional payment processing companies each had entered an Assurance of Discontinuance over alleged improper telephone solicitations. The companies allegedly contacted New Hampshire businesses repeatedly, offering credit card payment processing services. The companies also allegedly offered account monitoring and…
On September 8, the Federal Deposit Insurance Corporation (FDIC) settled with two national banks for alleged violations of Section 5 of the Federal Trade Commission Act. The banks are wholly-owned subsidiaries of the same parent company. The FDIC alleged that the banks engaged in unfair and deceptive practices in connection with…
On August 21, 2015, the Office of the Comptroller of the Currency announced that it had concluded its investigation into several related national banks regarding alleged violations of the Servicemembers Civil Relief Act. The Act prohibits certain debt collection activities against members of the armed forces. Before proceeding with judicial…
On August 17, 2015, the North Dakota Attorney General’s Office announced it entered a cease and desist order against a regional consumer credit services company. According to the Attorney General, the company solicited business using illegal robocalls that promised interest rate reductions and other loan modification services. The company allegedly called…
The Consumer Financial Protection Bureau (CFPB) has set its sights on debt collection practices again. In April, we wrote about the CFPB’s $63 million settlement with a mortgage servicer, Green Tree Mortgage, in part for Green Tree’s alleged treatment of mortgage debt. On July 8, 2015, the CFPB once again demonstrated it was…
On July 21, 2015, the Consumer Financial Protection Bureau (“CFPB”) issued a consent order requiring a national bank and its subsidiaries to provide roughly $700 million in consumer relief due to the bank’s practices relating to its credit card services and add-on products. The consent order states that a CFPB review of the bank’s practices…
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 July 7, the Federal Trade Commission (FTC) announced that a federal court entered a preliminary injunction halting an alleged nationwide debt relief telemarketing scam and freezing the defendants’ assets. The FTC claims that the defendants millions from consumers. The complaint, brought by the FTC and Florida Attorney General, alleged that the defendants contacted consumers…
On June 22, 2015, the US Attorney’s office for the Eastern District of Pennsylvania filed an information charging Adrian Rubin of Jenkintown, PA, with: (1) one count of conspiracy to violate RICO, 18 U.S.C. § 1962(d); (2) one count of conspiracy to commit mail fraud and wire fraud, 18 U.S.C. §…
The Consumer Financial Protection Bureau (“CFPB”) took action against two credit card vendors, entering into proposed consent orders regarding the companies’ offerings of allegedly unlawful add-on products. Credit card companies offer consumers “add-on” services, such as credit monitoring or identity theft protection for a monthly or annual membership fee. Following an…
On Monday, June 29, 2015, the Florida Attorney General and the Federal Trade Commission (“FTC”) obtained an ex parte temporary restraining order from a federal court for the Middle District of Florida to shut down the operations of a Florida corporation operating in violation of the FTC’s Telemarketing Sales Rule. Under the Telemarketing Sales…
A national bank can charge an interest rate that exceeds state law maximums, but the bank’s assignee cannot, the U.S. Court of Appeals for the Second Circuit ruled recently, in a decision that could impact the ability of debt purchasers and others to rely on an originating bank’s federal preemption. The…
On May 19, 2015, the Consumer Financial Protection Bureau (CFPB) issued an announcement and released remarks prepared by Director Richard Cordray regarding a complaint filed by the CFPB against California and Maryland based online-payment services. The complaint, filed May 19 in the U.S. District Court for the District of Maryland,…
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…