On July 19, 2018, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with a lender and its subsidiaries, resolving allegations that the company violated the Consumer Financial Protection Act (CFPA) and Truth in Lending Act (TILA). The lender and its subsidiaries are financial services companies…
On July 13, 2018, the Consumer Financial Protection Bureau (CFPB) announced a settlement with a debt collection company and its CEO for allegedly illegal debt-collection acts and practices. According to the CFPB, the company collected on consumer debts using various debt collection companies that allegedly engaged in unfair and deceptive practices in violation of…
On July 13, the Consumer Financial Protection Bureau (CFPB) announced that it settled allegations that a Kansas-based debt collector and its CEO engaged in unfair and deceptive acts and practices in violation of the Consumer Financial Protection Act (CFPA) and Fair Debt Collection Practices Act (FDCPA). The CFPB alleged that,…
On June 26, 2018, the Third Circuit affirmed summary judgment in favor of defendant Yahoo, Inc. in a putative Telephone Consumer Protection Act (TCPA) class action, Dominguez v. Yahoo, Inc., because plaintiff had failed to provide any relevant and admissible evidence that Yahoo’s systems met the TCPA’s automated telephone dialing…
On June 21, 2018, a judge in the Southern District of New York ruled that the Consumer Financial Protection Bureau’s (CFPB’s) single director structure is unconstitutional. See CFPB v. RD Legal Funding LLC (2018 WL 3094916 (S.D.N.Y. June 21, 2018)). In doing so, the court adopted two dissenting opinions from…
On June 28, 2018, the Consumer Financial Protection Bureau (CFPB) announced entered into a consent order with a national bank, resolving allegations that the bank violated the Truth in Lending Act (TILA) by failing to reevaluate and reduce the annual percentage rates on consumer credit card accounts. The Credit Card Accountability…
One month after the U.S. Senate and U.S. House of Representatives voted to repeal of the Consumer Financial Protection Bureau’s (CFPB’s) indirect auto lending guidance under a Congressional Review Act challenge, President Trump signed the resolution to make the repeal official on May 21, 2018. The guidance, which Congress and the President have…
On June 13, 2018, the Consumer Financial Protection Bureau (CFPB) announced its settlement with a South Carolina corporation and its subsidiaries over allegations that the companies engaged in improper debt collection and credit furnishing practices. According to the consent order, the CFPB found that the companies made improper in-person and…
On June 11, the Federal Trade Commission (FTC) announced that it had settled claims against an individual and his loan debt relief companies in connection with its coordinated federal-state enforcement initiative to target deceptive student loan debt relief scams, called “Operation Game of Loans.” Enforcement Watch covered a similar enforcement action earlier…
On June 14, 2018, the California Attorney General announced that it had entered into a settlement with a company holding nearly 35,000 private student loans across California. In the complaint, which was filed on June 13, 2018, the Attorney General alleged that the company had engaged in unlawful debt collection…
On June 7, 2018, the Consumer Financial Protection Bureau (CFPB) issued an order dismissing administrative proceedings against PHH Corp. The dismissal follows a January 31, 2018 opinion by the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) reinstating the court’s prior interpretation of Section 8 of the Real Estate Settlement Procedures Act (RESPA). According to the…
At the end of May 2018, the Consumer Financial Protection Bureau (CFPB) released an analysis of consumer debt collection complaints highlighting several issues that often arise in those complaints. In light of Acting Director Mulvaney’s comment in his January 2018 staff memo that debt collection complaints made up the majority…
On June 7, 2018, the Federal Trade Commission (FTC) announced a settlement and stipulated order for permanent injunction arising from a lawsuit brought by the FTC concerning allegedly illegal mortgage relief practices. The FTC initiated an action against several defendants in January 2018 alleging violations of Section 5 of the Federal Trade Commission Act, 15…
On May 31, the Federal Trade Commission (FTC) announced that it settled claims against a student loan debt relief company as part of a coordinated federal-state enforcement initiative to target deceptive student loan debt relief scam called “Game of Loans.” The FTC settled allegations that a student loan debt relief company violated…
On May 31, the Federal Trade Commission (FTC) announced that it settled claims against a loan debt relief company in connection with its coordinated federal-state enforcement initiative to target deceptive student loan debt relief scams, called “Game of Loans.” The FTC settled claims that the company violated the FTC Act,…
On March 16, 2018, the D.C. Circuit issued a long-awaited ruling in ACA International v. FCC, which struck down the Federal Communications Commission’s (FCC’s) expansive interpretation of the Telephone Consumer Protection Act’s (TCPA’s) “automatic telephone dialing system” (ATDS) definition. As LenderLaw Watch analyzed more fully here, the D.C. Circuit focused…
On June 4, 2018, the Federal Trade Commission (FTC) announced a settlement with a North Carolina debt collection company and its principals over alleged illegal collection practices. In August 2017, the FTC filed an action against the defendants alleging violations of Section 5 of the Federal Trade Commission Act, 15…
On March 7, 2018, the Virginia Attorney General’s Office (“Virginia AG”) filed a complaint against two related loan companies and their owner (the “Defendants”) in Virginia state court. According to the complaint, the Defendants engage in the practice of purchasing portions of Virginia citizens’ pension payments in exchange for a…
On May 15, 2018, the United States Court of Appeals for the Third Circuit issued an important decision regarding the statute of limitations under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et seq. In Rotkiske v. Klemm, No. 16-1668 (3d Cir. May 15, 2018), on appeal…
On May 8, 2018, the Sixth Circuit affirmed dismissal of a Telephone Consumer Protection Act (TCPA) claim against Bristol-Myers Squibb and Pfizer. As the Sixth Circuit noted at the start of its opinion in Health One Medical Center, Eastpointe P.L.L.C. v. Mohawk, Inc. et al., “[s]ome questions seem to arise…