On November 11, 2019, the Massachusetts Attorney General’s Office (AG) announced that it had settled an investigation against a national debt buyer and collector for alleged violations of Massachusetts’ consumer protection law and debt collection regulations through its debt-collection practices. Specifically, the AG alleged that the debt collector pressured debtors…
On November 6, 2019, the Federal Deposit Insurance Corporation (FDIC) announced a settlement with a Seattle-based bank over alleged violations of the Real Estate Settlement Procedures Act (RESPA). According to the FDIC, the bank, through a now-discontinued business line, entered into certain co-marketing and desk rental arrangements with real estate brokers…
On October 23, 2019, the District of Massachusetts denied class certification in a Telephone Consumer Protection Act (TCPA) case in Sandoe v. Boston Scientific Corp. (No. 18-11826). The court held that the plaintiff could not identify class members sufficiently to satisfy the ascertainability and predominance requirements of Fed. R. Civ….
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 October 30, 2019, the Consumer Financial Protection Bureau (CFPB) announced an action to halt a student-loan debt-relief operation engaged in allegedly unlawful conduct. The CFPB filed its complaint on October 21, 2019 and requested a temporary restraining order in the U.S. District Court for the Central District of California….
On October 21, 2019, the Consumer Financial Protection Bureau (CFPB) announced that, together with the Attorneys General (AGs) of Minnesota, North Carolina, and California, it had filed a complaint and sought a temporary restraining order in the U.S. District Court for the Central District of California against a group of debt relief companies. …
On October 16, 2019, the Washington Attorney General’s Office (Washington AG) announced that it had reached a settlement with a Kirkland- and Portland-based real estate investment company that requires the company to dissolve and pay up to $85,000 in fines and enforcement costs. The Washington AG initiated this action in May 2018, alleging violations of the Washington Consumer Protection Act, RCW 19.86.020. …
On October 4, 2019, the U.S. House of Representatives moved the Supreme Court for leave to file an amicus curiae brief in opposition to Seila Law’s petition for writ of certiorari to review the Ninth Circuit’s decision in CFPB v. Seila Law LLC, No. 7-56324 (9th Cir. 2019), which upheld the…
On October 3, 2019, the New York Attorney General’s office (NY AG) announced that it had filed a lawsuit against a major student-loan servicer for failing to properly administer the federal Public Service Loan Forgiveness program. According to the complaint, the servicer allegedly employed deceptive, unfair, and abusive practices such…
As we previously reported, on September 17, 2019, the Consumer Financial Protection Bureau (CFPB) reversed course by filing a Supreme Court brief agreeing with a petitioner that the agency’s single director structure is unconstitutional. On the same day, the CFPB’s director, Kathy Kraninger, sent letters to Congress informing it of…
On October 1, 2019, the Consumer Financial Protection Bureau (CFPB) and the South Carolina Department of Consumer Affairs (SCDCA) announced that they had filed a lawsuit in the United States District Court for the District of South Carolina against two brokerage companies for alleged violations of the Consumer Financial Protection Act and South…
On September 30, 2019, the Federal Deposit Insurance Corporation (FDIC) announced a settlement with an Oregon-based bank over alleged violations of the Real Estate Settlement Procedures Act (RESPA) and Telephone Consumer Protection Act (TCPA). According to the FDIC, the bank agreed to pay and accept fees for the referral of home mortgage…
As we previously reported, Selia Law LLC (Selia) filed a petition for writ of certiorari with the U.S. Supreme Court on June 28, 2019, appealing the Ninth Circuit’s ruling upholding the constitutionality of the Consumer Financial Protection Bureau’s (CFPB) single directorship. On September 17, 2019, the CFPB filed its responding…
On September 25, the Consumer Financial Protection Bureau (CFPB) filed suit in the U.S. District Court for the District of Maryland against a Maryland-based debt collector, its subsidiaries, and its CEO. According to the CFPB, the companies operated the largest debt-collection company in the multi-unit housing industry, collecting debt on…
On September 23, the California Attorney General’s Office (AG) announced that it had filed a complaint against a network of auto dealerships and its chief executive, alleging that they targeted low-income consumers with subprime credit using false advertising promising fictitiously low interest rates; made false statements on credit applications to…
On September 12, 2019, the Federal Trade Commission (FTC) that it had settled lawsuits against the operators of two alleged student loan debt relief schemes, and a financing company that assisted them, alleging that they had bilked millions of dollars from consumers. The FTC alleged that the defendants violated the…
On August 8, 2019, the Seventh Circuit, in Lavallee v. Med-1 Solutions, LLC, 932 F.3d 1049 (7th Cir. 2019), ruled that emails to consumers from debt collectors containing hyperlinks to information regarding debt, including validation notices, are not “communications” under the Fair Debt Collection Practices Act (FDCPA). Therefore, the court…
On September 6, 2019, the Consumer Financial Protection Bureau (CFPB) announced that it had filed a lawsuit in the U.S. District Court for the Central District of California against a Texas-based foreclosure relief services company, as well as the company’s CEO and auditor. The CFPB alleges that the defendants violated…
On September 5, 2019, the New York Department of Financial Services (NYDFS) announced that it was launching a new investigation into the student loan debt relief industry. NYDFS stated that, as part of its “Step Up for Students” initiative, it was issuing subpoenas to eight student loan debt relief companies…
On August 19, 2019, the Colorado Attorney General (AG) announced that it had reached a settlement with two financial services firms, resolving allegations that the firms had violated Colorado consumer protection laws. Between 2017 and 2019, one of the firms – a lender operating in the state – made numerous…