Goodwin’s Consumer Finance Insights (CFI) monitors, reports, and analyzes the latest legal news, activity, and developments impacting the consumer finance industry. Consumer financial services companies—whether banks, fintechs, nonbank and alternative lenders, payment providers, or industry vendors or service providers, like digital advertisers and lead generators—face a constantly shifting and maturing regulatory and legal landscape. Growing from the Financial Crisis, today more than any time in history the consumer finance industry must confront a robust and growing body of industry legislation and regulation, all while under the microscope of sophisticated enforcers, like the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and state regulators and attorneys general. It is critical for in-house and outside corporate counsel, compliance departments, and business executives to stay informed and aware of these developments to navigate institutional, reputational, and legal risks. Goodwin’s CFI is a singular source of the most recent industry news and latest enforcement activity for you to leverage. Here, you will find links to original enforcement documents, enforcement activity statistics, and reports, analysis, and commentary from Goodwin’s leading Consumer Financial Services Litigation and Enforcement practitioners.

CFPB Enters Into Consent Order with Mortgage Lender to Resolve Allegations of Deceptive Conduct Toward Veterans and Servicemembers

​​On August 29, 2024, the CFPB announced that it had entered into a stipulation and consent order with ​​​​a Florida-based mortgage lender, resolving allegations that the mortgage provider ​​had misrepresented the payment terms of​ cash-out mortgage refinance loans​ it offered to servicemembers and veterans. In its consent order, ​the CFPB alleged that the mortgage lender committed ​​deceptive acts or…

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CFPB Enters Into Consent Order With Mortgage Servicer Resolving Allegations of Improper Foreclosure Practices

On August 21, 2024, the Consumer Financial Protection Bureau (CFPB)​ announced​ that it entered into a consent order with a​ Florida-based mortgage servicer, resolving allegations related to the mortgage servicer’s foreclosure practices. ​The consent order​ resolves allegations ​that the mortgage servicer’s foreclosure practices violated the Consumer Financial Protection Act of 2010 (CFPA), 12 U.S.C. §§ 5531, 5536; the…

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FTC and Arizona Enter Mutli-Million Dollar Settlement over Arizona Car Dealerships Deceptive Practices

​On August 15, 2024,​​ the FTC and the State of Arizona announced they had taken action against the owner of several car dealerships and one of their employees for allegedly deceptive advertising practices and alleged overcharging of Latino customers. ​According to the Complaint, the dealerships advertised prices that were thousands of dollars below the retail…

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CFPB Enters Into Consent Order with Software Company and CEO Resolving Allegations of Illegal Fees

On August 8, 2024, The CFPB entered into a proposed consent order with a software company and the company’s CEO, resolving allegations that defendants aided credit repair companies in charging illegal upfront fees.  Back in January 2022, the CFPB filed an amended complaint ​against defendants, alleging violations​ of the Telemarketing…

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CFPB Files Suit Against "Rent-to-Own" Business Alleging Illegal Lending Practices

​On July 26, 2024, the Consumer Financial Protection Bureau (CFPB) announced that it filed a complaint against a point-of-sale financing company and its former chief executive officer in the United States District Court for the District of Utah. The complaint alleges that defendants’ “virtual rent-to-own” ​product uses misleading marketing and abusive enrollment practices that target consumers with…

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Federal Court Grants TRO Against Debt Relief Company Targeting Spanish-Speaking Student Loan Borrowers

On July 22, 2024, the Federal Trade Commission announced that the U.S. District Court for the Middle District of Florida had granted its motion for a temporary restraining order against a debt relief company that allegedly targeted Spanish-speaking consumers in Puerto Rico, among others. The FTC has alleged that the company “pretended to…

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FRB Fines Utah Prepaid Debit Card Company $44 Million for Unfair and Deceptive Practices

On July 19, 2024, the Federal Reserve Board announced it had fined a Utah-based company that offers prepaid debit cards $44 million for alleged unfair and deceptive practices as well as an alleged deficient consumer compliance risk management program. ​In its Order to Cease and Desist and Order of Assessment of…

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Seventh Circuit Revives CFPB’s ECOA Action Alleging Discrimination Against Prospective Applicants Against Nonbank Lender

On July 11, the Seventh Circuit held that the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. (ECOA) authorizes the imposition of liability for the discouragement of prospective applicants. See CFPB v. Townstone Financial, Inc., ___ F.4th ___ (7th Cir. 2024), 2024 WL 3370023. As anticipated in Goodwin’s…

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California DFPI Revokes Company's Lending License for Failing to Comply with Regulatory Exam

On July 10, 2024, the California Department of Financial Protection and Innovation (DFPI) issued an order revoking the California Financing Law license of a company that had offered both individual and business loans in the state, following that company’s alleged failure to provide information during the DFPI’s attempt to conduct a regulatory examination….

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CFPB Files Proposed Judgment in Bank Suit Regarding the Opening of Unauthorized Accounts

​On July 9, 2024, the Consumer Financial Protection Bureau (CFPB) announced that it filed a proposed stipulated final judgment and ​order in its suit against a national bank accused of allegedly opening unauthorized accounts on behalf of consumers​​. ​ The proposed judgment would resolve allegations that the bank opened unauthorized accounts in the names of its customers.  As…

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CFPB Enters Into Consent Order with Bank Resolving Allegations of Force-Placed-Insurance

On July 9, 2024, the Consumer Financial Protection Bureau (CFPB) announced that it entered into a consent order with a national bank, resolving allegations related to the bank’s auto lending practices. The consent order​ ​​related to auto lending practices resolves allegations that the bank’s practices related to force-placed insurance policies violated the Consumer Financial Protection Act of 2010 (CFPA), 12…

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CFPB Issues New Rule on Use of Artificial Intelligence Models in Mortgage Lending

On June 24, 2024, the Consumer Financial Protection Bureau (CFPB) announced that it had approved a new rule about the use of algorithms and artificial intelligence (AI) for home appraisals and valuations. The new rule was promulgated by the CFPB, the Federal Reserve, the Federal Deposit Insurance Corporation, the National…

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Finance Lending Company's License Revoked by DFPI

On July 10, 2024, the California Department of Financial Protection and Innovation (DFPI) announced that it would be revoking the California Financing Law license of a finance lending company based in San Francisco. The finance lending company offers loans to individuals and businesses. In April 2024, its parent company filed…

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CFPB Proposes Rule to Ban Medical Debt from Credit Reports

Earlier this month, the Consumer Financial Protection Bureau (CFPB) issued a proposed rule to amend Regulation V, which implements the Fair Credit Reporting Act (FCRA), as to medical information and debt.   This proposed rule follows Director Chopra’s remarks in March 2022, concerning a report on medical billing and collection practices…

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