On November 5, 2024, the FTC announced that it had filed suit against a California-based online cash advance provider for allegedly deceptive and misleading advertisements and representations, in violation of the FTC Act, 15 U.S.C. § 45(a), and the Restore Online Shoppers’ Confidence Act (“ROSCA”), 15 U.S.C. § 8403.z According to…
On July 26, 2023, the Consumer Financial Protection Bureau (CFPB) released a Supervisory Highlights report covering findings from its examinations completed between July 2022 and March 2023 (the Report), which found, among other violations, several instances of unfair, deceptive, and abusive acts or practices related to auto lending, and illegal…
On December 21, 2021, the Consumer Financial Protection Bureau (CFPB) announced that it reached an agreement with a California-based fintech company that would require the company to cease “(1) making new loans; (2) collecting on outstanding loans to harmed consumers; (3) selling consumer information; and (4) making misrepresentations when providing loans or collecting debt or helping…
On February 11, 2021, the Federal Trade Commission (FTC) announced a $114 million settlement with the owners and operators of an alleged tribal payday lending scheme. The settlement resolves allegations concerning defendants’ purported violations of the unfair or deceptive practice provisions (UDAP) of the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45(a), the Telemarketing and Consumer Fraud…
On November 5, 2020, the Consumer Protection Financial Bureau (CFPB) announced that it had filed a complaint against a Florida-based payday lender and its CEO in the Southern District of Florida. The complaint alleges that the company violated the Consumer Financial Protection Act (CFPA) by engaging in deceptive acts and practices in connection with the…
On May 22, 2020, the Federal Trade Commission (FTC) announced that it had obtained a temporary restraining order against a payday lending enterprise for alleged violations of the Federal Trade Commission Act, the Telemarketing Sales Rule, the Truth in Lending Act and Regulation Z, and the Electronic Funds Transfer Act and…
On April 1, 2020, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with an installment-loan lender, resolving allegations that the lender violated the Consumer Financial Protection Act (CFPA), 12 U.S.C. §§ 5531(a), 5536(a)(1)(B), Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681 et seq….
On January 27, 2020, North Carolina Attorney General Josh Stein (North Carolina AG) reached a settlement with an out-of-state payday lender for $825,000. The Attorney General obtained a consent temporary restraining order against the lender in May 2019 based on allegations that the lender was not licensed to operate in North Carolina, yet…
On October 31, 2019, Michigan Attorney General Dana Nessel (“Michigan AG”) filed a complaint in the United States District Court for the Eastern District of Michigan against an online tribal lender for allegedly charging borrowers interest rates in excess of state usury laws and committing unfair, deceptive, and/or abusive acts or practices under…
On May 21, 2019, the North Carolina Attorney General’s office (AG) announced that it had obtained a temporary restraining order (TRO) as a result of a consent agreement with a Florida-based online lender in a lawsuit it filed in North Carolina state court on May 15, 2019. The AG alleged that the online lender, which was not licensed in North…
On April 15, 2019, the FTC announced that it had reached a settlement with an online lending company for $3.85 million, resolving allegations that the company had engaged in unfair and deceptive loan servicing practices in violation of Section 5 of the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, the Telemarketing Sales…
On March 5, 2019, the Arizona Attorney General’s Office (Arizona AG) announced that it had filed a complaint against a California-based online payday lender, its owner, and its wholly owned subsidiary for alleged violations of the Arizona Consumer Fraud Act, A.R.S. § 44-1521 et seq. According to the complaint, the defendants marketed and…
On October 24, 2018, the Consumer Financial Protection Bureau (“CFPB”) announced that it had entered into a Consent Order with a Tennessee-based small dollar lender, resolving allegations that the lender had committed deceptive acts and practices in violation of the Consumer Financial Protection Act (“CFPA”), 12 U.S.C. §§ 5531, 5536(a)(1)(B). The Consent Order…
On September 13, 2018, the Consumer Financial Protection Bureau (“CFPB”) announced that it filed a complaint against a lender, its president, and related entities (“Defendants”) for allegedly making small-dollar loans in exchange for borrowers’ monthly pension payments, which the CFPB alleges is a violation of the Consumer Financial Protection Act, 12 U.S.C. § 5536(a)(1)(B). The Complaint…
On August 10, the Consumer Financial Protection Bureau (CFPB) announced a settlement entered in the Western District of Missouri regarding the alleged unlawful origination and servicing of online payday loans. The Bureau filed suit against two individual and twenty allegedly related entities controlled by those individuals, asserting violations of the…
On May 4, Virginia Attorney General Mark R. Herring (“VA Attorney General”) announced that its Predatory Lending Unit had filed suit in Virginia state court against a Chicago-based online lender, alleging violations of the Virginia Consumer Protection Act, Virginia Code §§ 59.1-196 to 59.1-207 (“VCPA”). The complaint alleges that the lender, one of the largest online…
On March 12, 2018, the California Department of Business Oversight (California DBO) announced that it reached a settlement with a payday lender over allegations that the lender improperly raised the principal value of its vehicle-secured loans to avoid interest rate caps imposed by the California Finance Law, Fin. Code §…
On February 23, 2018, the Office of the Attorney General of Virginia (“Virginia AG”) announced that it had entered into a settlement agreement with several affiliated online payday lenders and debt collection companies (the “Defendants”). According to the Virginia AG, the Defendants, all out-of-state organizations, provided short-term, small-dollar loans to borrowers in Virginia…
In August 2016, the U.S. District Court for the Central District of California granted partial summary judgment to the Consumer Financial Protection Bureau (CFPB) in a federal lawsuit against a California-based online payday lender, its individual owner, its subsidiary, and a servicer of its loans (“Defendants”), where the CFPB alleged that…
On November 15, 2017, the U.S. Attorney for the Southern District of New York (“USAO”) announced that a jury has convicted the owner of an alleged fraudulent lending scheme (the “Defendant”) for one count of conspiracy to collect unlawful debts in violation of the Racketeer Influenced Corrupt Organizations Act (“RICO”); one…