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.

Real Estate Investment Company Forced to Dissolve Following Washington AG Suit

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. …

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House Seeks Leave to File Amicus Curiae Brief in Support of CFPB's Constitutionality

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…

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New York Attorney General Sues Student-Loan Servicer for Failure to Administer Federal Loan Forgiveness Program

​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…

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CFPB Director Informs Congress that Agency's Single Director Structure is Unconstitutional

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…

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CFPB Files Suit Against Debt Collector for FCRA Violations

​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…

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California AG Files Suit Against Auto Dealership Over Allegedly Fraudulent Conduct

​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…

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Seventh Circuit Imposes Strict Requirements for FDCPA Validation Notices Delivered Via Email

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…

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CFPB Announces $236,000 Settlement With Illinois Debt Collector

On August 28, 2019, the Consumer Financial Protection Bureau (CFPB) announ​ced a settlement with an Illinois-based debt collection company, resolving allegations that the company engaged in deceptive practices in violation of the Consumer Financial Protection Act (CFPA), 12 U.S.C. §§ 5531 and 5536, and the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C….

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FTC Announces $30 Million Settlement With Operator of For-Profit Post-Secondary Schools

FTC

On August 27, 2019, the Federal Trade Commission (FTC) announced it had reached a $30 million settlement with an Illinois-based operator of for-profit post-secondary schools and related subsidiaries resolving allegations that the company used lead generators who engaged in deceptive conduct to market its schools in violation of Section 5(a) of the Federal Trade…

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Minnesota AG Settles Lawsuit with Minnesota Financier

​On August 21, 2019, Minnesota Attorney General Keith Ellison (“Minnesota AG”) announced a settlement with a Minnesota based lender that finances sales of door-to-door products, such as vacuum cleaners and air purifiers. This settlement resolved allegations that the lender hid high interest rates from consumers, failed to provide complete financing agreements to consumers, and failed to give…

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CFPB and Arkansas AG Settle with Brokers Over Illegal Credit Contracts

On August 14, 2019, the Consumer Financial Protection Bureau (CFPB) and the Office of the Arkansas Attorney General (AG) entered into a proposed stipulated final judgment with three corporations that brokered extensions of credit to consumers, and the co-founder and owner of one of the corporations.  The simultaneously filed complaint, filed…

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CFPB Announces Settlements with Higher-Learning Institution and Lender Over Private Student Loans

Piggy Bank with a Graduation Cap

On August 12, 2019, the Consumer Financial Protection Bureau (CFPB) announced a proposed settlement with a for-profit higher-education institution. The CFPB filed a complaint against the institution in the U.S. District Court for the Southern District of Indiana on February 26, 2014, alleging that the institution had violated the Consumer…

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Finance Company to Pay $440,000, Banned from Selling Student Loan Services in Massachusetts

On August 7, 2019, the Attorney General for the Commonwealth of Massachusetts (“Massachusetts AG”) announced that it filed a complaint and consent judgment in Suffolk County Superior Court.  The consent judgment bans a purportedly unlicensed finance company from collecting on any active student loan debt relief accounts in Massachusetts, and requires the company to pay $340,000 to repair the…

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New York AG Announces Settlement with Student Loan Debt Relief Company

​On August 8, 2019, New York Attorney General Letitia James (“New York AG”) announced a settlement and consent order with a student loan debt relief company, resolving the complaint’s allegations that the company deceived borrowers into paying for debt relief services that are available to the public for free from the federal government…

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