On July 23, 2019, Delaware’s Department of Justice, Consumer Protection Unit (“Delaware CPU”) announced that it reached a settlement with two-California based companies that would require them to cease advertising and selling loan modification and debt relief services in the state of Delaware. According to the cease and desist agreement, the companies and their…
On July 19, 2019, the Georgia Attorney General’s Office (AG) announced that it had entered into a settlement with a company allegedly offering unlawful and deceptive credit repair services in violation of the Georgia Fair Business Practices Act. According to the AG, Georgia law generally forbids the provision of credit…
On July 11, 2019, the Federal Trade Commission (FTC) announced that it had obtained a temporary restraining order against defendants operating an alleged student loan debt relief scheme that, according to the FTC, tricked thousands of consumers by making false claims that it would service and pay down their student…
On July 11, 2019, the Massachusetts Office of Attorney General Maura Healey announced that a for-profit educational institution and its parent company would provide over $1.6 million in debt relief to settle claims that it did not provide its students with critical information on program job placement, loan repayment, and…
On July 17, 2019, Ohio Attorney General Dave Yost (Ohio AG) announced that it and the FTC had secured a temporary restraining order from the United States District Court for the Western District of Texas against two companies that allegedly defrauded consumers struggling with credit card debt out of millions of dollars. The complaint alleged that…
On July 3, 2019, in Williams v. Big Picture Loans, LLC (No. 18-1827), the Fourth Circuit ruled that a small dollar lender affiliated with the Lake Superior Chippewa Indian Tribe (Tribe) was entitled to tribal sovereign immunity from state interest rate laws as an “arm of the tribe,” dismissing a…
On July 9, 2019, the Consumer Financial Protection Bureau (CFPB) announced that it settled its lawsuit against the nation’s largest debt-settlement services provider for allegedly engaging in deceptive debt-settlement acts or practices. The company agreed to pay $20 million in restitution to affected consumers and a $5 million civil money penalty….
On May 28, 2019, the U.S. Supreme Court issued its opinion in Home Depot U.S.A., Inc. v. Jackson, 578 U.S. ___ (2019), holding that third-party counterclaim defendants cannot remove under the Class Action Fairness Act (CAFA), even if the claim satisfies CAFA’s other jurisdictional requirements. CAFA allows for removal by…
On June 6, 2019, the Federal Communications Commission (FCC) issued a declaratory ruling providing voice service providers with the authority to automatically enroll consumers for call blocking programs that identify and block unwanted telephone calls. This ruling is effective immediately. The ruling comes at a time when unwanted call volume…
On July 1, 2019, New York Attorney General Letitia James (“New York AG”) announced that together with the Federal Trade Commission (“FTC”), the agencies had entered into a settlement with a debt collection company, a related entity, and corporate officers to resolve a case filed in the United States District Court for the Western District of New…
On June 21, 2019, the Federal Trade Commission (FTC) announced that it had filed a lawsuit against affiliated companies offering services to repair consumers’ damaged credit. The FTC’s Complaint, filed in the U.S. District Court for the District of Connecticut, alleged that the companies used deceptive marketing campaigns that promised to eliminate derogatory credit from consumers’ credit reports and raise…
On May 30, 2019, the Fourth Circuit upheld a $61 million Telephone Consumer Protection Act (TCPA) judgment in Krakauer v. Dish Network, L.L.C., No. 1518. The plaintiff, Dr. Thomas Krakauer (Plaintiff), placed his name on the Do-Not-Call registry in 2003. In 2009, he received calls from Satellite Systems Network (SSN),…
On June 18, 2019, the California Department of Business Oversight (DBO) announced that it entered into a settlement and consent order with a mortgage servicer over an alleged failure to pay interest on escrow impound accounts for 94,483 residential mortgage loans. Servicers are required to pay interest on such accounts under…
On May 13, 2019, petitioner Kevin Rotkiske submitted his brief to the United States Supreme Court in Rotkiske v. Klemm, No 18-328. As noted in a previous post, the Court accepted Rotkiske’s appeal back in February to resolve a circuit split between the Third Circuit and the Ninth and Fourth…
On June 14, 2019, the Consumer Financial Protection Bureau (CFPB) announced a settlement with a private student loan provider that issued and managed student loans at the now-defunct for-profit ITT Technical Institute. Forty-five states including Kansas, Florida, Nevada, North Carolina, Iowa, Missouri, Kentucky, Ohio, Oregon, and New York also settled with the loan…
On June 13, 2019, the Department of Justice (DOJ) announced that it filed a complaint and settlement agreement in the U.S. District Court for the Southern District of Indiana resolving allegations against a Midwestern bank based in Indiana. The DOJ alleged that the bank engaged in lending discrimination through “redlining,” or intentionally avoiding providing services in predominantly…
On June 5, 2019, the Consumer Financial Protection Bureau (CFPB) announced that it has reached a settlement with one of the nation’s ten largest Home Mortgage Disclosure Act (HMDA) reporters, a for-profit mortgage lender based in New Jersey. The consent order resolves alleged violations of the HMDA, 12 U.S.C. §§ 2801–2810, and its implementing regulation,…
On May 7, 2019, the Consumer Financial Protection Bureau (CFPB or Bureau) released a Notice of Proposed Rule Making (Notice) to implement the Fair Debt Collection Practices Act (FDCPA). The Bureau’s stated purpose for the proposed rules, which would be placed in the existing Regulation F, is to “set clear,…
On May 29, 2009, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with a Texas-based mortgage servicer, resolving allegations that the servicer had violated the Consumer Financial Protection Act (CFPA), the Real Estate Settlement Procedures Act (RESPA), and the Truth in Lending Act…
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…