…agreement that ordinarily includes an intention to incorporate any subsequent changes in that law. After an analysis of other state contract cases, the Court further found California courts likely would…
…agreement that ordinarily includes an intention to incorporate any subsequent changes in that law. After an analysis of other state contract cases, the Court further found California courts likely would…
…the settlement agreement, but acknowledged that it engaged in certain conduct between January 2006 and December 2012. As a Direct Endorsement Lender, the company was authorized to originate and underwrite…
On December 1, the U.S. Attorney for the District of Colorado, working on behalf of the U.S. Department of Housing and Urban Development (HUD), announced a settlement agreement with a…
On November 24, the Federal Trade Commission (“FTC”) announced that it reached a settlement agreement with two Ohio auto dealers relating to allegations that the auto dealers violated Section…
On November 23, 2015, the Attorney General’s Office for the Commonwealth of Massachusetts reached a settlement agreement with a Massachusetts force-place-insurance company relating to allegations that it required homeowners to…
…According to the settlement agreement, the company assessed the settlement services fee to over 70,000 borrowers. The agreement requires that the bank provide restitution to all affected borrowers and reform…
…costs, job placement data, and graduation rates to encourage students to enroll, in violation of state consumer protection laws. Under the settlement agreement with the states, the company is required…
…the EFTA, lenders cannot condition a loan disbursement on consumers’ agreement to make ACH payments. Finally, the CFPB alleged the company used “remotely created checks” to debit consumers accounts if…
…cancellation policy and duration of its credit card processing equipment leases, as well the compatibility of its equipment. As part of the settlement agreement the company must disclose the primary…
…requires the company and its president to pay $144,896 to refund its customers and an additional $124,000 for costs, attorney’s fees, and monitoring future compliance with applicable Washington laws. The…
On November 5, 2015, the DOJ’s U.S. Trustee Program announced that it entered into a nationwide settlement agreement with a national bank over allegations the bank failed to file mortgage…
…modification agreement. This leaves room for courts to interpret the loan modification agreement in such a way that the newly-assessed value is not “term or condition” of the loan modification…
…excessive fees in relation to the value of the property recovered, and some customers were convinced to pay thousands of dollars to these businesses. The settlement agreement collectively assessed $309,673.33…
…common to the entire market, as a result the CFPB recommends implementing baseline standards for processing payments, responding to customer inquiries, resolving errors, and providing basic information about benefits and…
…result in claims, and to pay HUD a $2 million administrative payment as part of the indemnification agreement. The bank admitted that it was required to self-report any serious deficiencies…
…that they did not deliver. Defendants allegedly disseminated false and misleading information regarding their services through telemarketing, internet ads, and other media. After accepting customers’ payments and fees, defendants purportedly…
…servicers not disclosing alternative repayment programs; servicing transfers resulting in processing problems, such as surprise fees and lost repayment benefits; customer service representatives not resolving servicer’s errors; issues processing payments…
…information has been “submitted” also requires a careful factual inquiry: current thinking is that the “submission” of an application could be as informal as a customer confirming the six required…
…over title to their property in a “sale-leaseback” agreement. The announcement alleged that despite these promises, the foreclosure relief providers failed to apply homeowners’ payments to their mortgages, resulting in…
…expressly providing consent to be contacted for telemarketing purposes through autodialed phone calls or text messages. Rather, an agreement of consumer consent in a user agreement must not be a…