On August 12, 2020, the Vermont Attorney General (Vermont AG) announced a settlement with an auto financing company related to alleged unfair or deceptive practices concerning the company’s subprime auto loans. According to the Vermont AG’s complaint, filed on August 7, 2020, the company engaged in unfair and deceptive practices in violation of the Vermont Consumer Protection Act, 9…
On August 4, 2020, the Pennsylvania Office of Attorney General (Pennsylvania AG) announced that it reached a settlement with a company providing financing to consumers seeking student-loan debt relief. According to the Pennsylvania AG, the company violated the Pennsylvania Consumer Protection Law and the federal Truth in Lending Act (TILA) through its alleged…
On July 29, 2020, the Consumer Protection Financial Bureau (CFPB) held a symposium on the use of cost-benefit analysis in consumer financial protection regulation. CFPB Director Kathleen Kraninger provided opening remarks, followed by two panels of experts. The first panel focused its discussion on how the CFPB uses cost-benefit analysis…
On July 30, 2020, the Massachusetts Attorney General (Massachusetts AG) announced a settlement with a Nevada-based debt buyer regarding a portfolio of loan debt it purchased from a for-profit education company. The settlement resolves the Massachusetts AG’s allegations that, between 2010 and 2016, the for-profit education company misled students by…
On July 24, 2020, the Consumer Financial Protection Bureau (CFPB) announced that it entered consent orders (here and here) against two California-based mortgage lenders, resolving allegations that the lenders violated the Truth in Lending Act (TILA), 15 U.S.C. §§ 1601–1667f, and its implementing regulation, Regulation Z, 12 C.F.R. § 1026.24;…
The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) issued Final Rules last month in an effort to address the “legal confusion” regarding the impact of the permissible interest when a bank transfers a loan to a third party. These Final Rules are…
On July 20, 2020, the Consumer Financial Protection Bureau (CFPB) announced that the United States District Court for the Central District of California had entered its stipulated final judgment with a foreclosure relief services company and its owner, resolving allegations that the defendants had engaged in deceptive and abusive acts…
On July 15, 2020, the Consumer Financial Protection Bureau (CFPB) announced it had filed suit in the United States District Court for the Northern District of Illinois against a Chicago-based nonbank mortgage creditor for violations of the Equal Credit Opportunity Act, 15 U.S.C. § 1691(a) (ECOA), its implementing regulation Regulation…
During a House Financial Services Committee (HFSC) oversight hearing on June 30, 2020, Treasury Secretary Steven Mnuchin hinted that clarification may be coming on whether agents helping small businesses apply for Paycheck Protection Program (PPP) loans are entitled to automatic fee reimbursements from PPP lenders. This clarification comes on the…
On July 13, the Consumer Financial Protection Bureau (CFPB) announced it had filed suit in the United States District Court for the Central District of California against a Texas student loan debt-relief business and a marketing and customer service company for engaging in a nationwide student-loan debt-relief operation that allegedly…
On July 8, 2020, the Consumer Financial Protection Bureau (CFPB) announced that it reached a settlement with a Florida-based student debt relief company and three of the company’s officers. The complaint, which was filed in the Southern District of Florida, alleges that from 2016 through October 2019, the company violated the…
On July 6, 2020, the Consumer Financial Protection Bureau (CFPB) announced that it filed a lawsuit against a Delaware financial services company and the company’s founder in the Southern District of New York. The complaint alleges that the company engaged in deceptive acts and practices under the Consumer Financial Protection Act (CFPA),…
On July 2, 2020, the Department of Justice (DOJ) announced that it reached a settlement with a Maryland used car dealership. The consent order resolves a lawsuit filed by the DOJ in September 2019, which alleged that the dealership discriminated against African American consumers by offering different loan terms based on race,…
On June 18, 2020, the Consumer Financial Protection Bureau (CFPB) announced the launch of its pilot advisory opinion (AO) program. The CFPB quickly followed this announcement by publishing a procedural rule implementing the pilot AO program, as well as a proposed procedural rule that would establish a permanent AO program…
On June 23, 2020, the New York Office of Attorney General (New York AG) announced that it reached a $17 million settlement with a mortgage originator and servicer. The New York AG alleged that the company violated New York’s mortgage servicing regulations, 3 N.Y.C.R.R. Part 419, by failing to make reasonable and…
On June 23, 2020, the New York Office of Attorney General (New York AG) announced that it reached a $3.6 million settlement with a national debt settlement company for allegedly violating the terms of a March 2011 settlement. Under the previous settlement, the company was alleged to have engaged in fraudulent or…
On June 23, 2020, the Consumer Financial Protection Bureau (CFPB) announced that it reached a settlement with three companies that issued contracts for deeds with consumers. According to the CFPB, between 2010 and 2016, these companies allegedly had a business plan of acquiring foreclosed properties in bulk and reselling them to consumers through seller financing…
On June 11, 2020, the North Dakota Office of the Attorney General (AG) announced that it had entered into an Assurance of Voluntary Compliance agreement with a California-based debt relief company, under which the company agreed to issue refunds to North Dakota consumers and to cease doing business in North…
On June 22, 2020, the Massachusetts Attorney General announced a settlement with a Florida-based mortgage loan servicer following an investigation into the servicer’s debt collection practices. Specifically, the settlement resolves allegations that the servicer made excessive calls to distressed homeowners and failed to provide written notice of their right to…
In response to the ongoing impact the COVID-19 pandemic has had on the financial industry, on June 3, 2020, the Consumer Financial Protection Bureau (CFPB) issued a statement (CFPB Statement) announcing that it would provide temporary flexibility for credit card issuers in connection with certain written disclosure requirements. Under Regulation…