On December 13, 2018, the Federal Communications Commission (FCC) released a Second Report and Order addressing issues with reassigned phone numbers and potential Telephone Consumer Protection Act (TCPA) liability, and establishing a safe harbor for business callers. Currently, there is no comprehensive database which allows businesses to determine whether a phone number…
On December 13, 2018, the Northern District of California granted summary judgment to a Telephone Consumer Protection Act (TCPA) defendant in a case involving confirmatory text messages. In Phan v. Agoda Company, No. 5:16-cv-07243 (N.D. Cal. Dec. 13, 2018), the plaintiff alleged that text messages he received from the defendant…
On December 21, 2018, the Massachusetts Attorney General’s Office (“Mass. AG”) announced that it had reached a settlement with a national mortgage servicer, resolving allegations that the company mishandled mortgage loans in violation of the Massachusetts Act Preventing Unlawful and Unnecessary Foreclosures, a 2012 law designed to protect borrowers from foreclosure caused by unfair terms on subprime mortgages….
On December 28, 2018, the Attorneys General (AGs) of all 50 states and the District of Columbia announced a settlement totaling $575 million with a national bank as the result of a coordinated investigation by the States. The national bank previously entered into consent orders and settlements totaling $1 billion…
On December 28, 2018, the Massachusetts Division of Banks (“Division”) entered into a consent agreement with a licensed debt collector to resolve allegations that it had engaged in debt collection practices that were not compliant with applicable state law. The consent agreement follows a compliance examination of the company. The…
On December 27, 2018, the Massachusetts Attorney General’s Office (AG) announced that it had entered into a consent order with an auto lender, resolving allegations that the lender violated the Massachusetts Cost of Consumer Credit Disclosure Act. The AG alleged that an investigation uncovered that the lender required consumers to…
On December 21, 2018, the U.S. Department of Justice (DOJ) announced a settlement with a mortgage servicer for $4.25 million, resolving allegations of unlawful reverse mortgage servicing practices. According to the DOJ, the company violated the False Claims Act with respect to its servicing of reverse mortgages, or Home Equity Conversion Mortgage (HECM)…
On December 14, the Florida Attorney General (AG) and the Federal Trade Commission (FTC) announced a $23 million federal district court judgment against the owner of an Orlando-based “robocall” operation. The massive robocall operation tricked consumers into paying upfront fees of $500 to $1500 for false credit card interest-rate-reduction and debt-elimination services,…
On December 10, 2018, Kathy Kraninger was sworn in to serve as Director of the Consumer Financial Protection Bureau (CFPB) for a five-year term. This followed her December 6, 2018 confirmation by the Senate with a vote of 50 to 49. Kraninger succeeds Mick Mulvaney, her former boss at…
On December 12, 2018, the U.S. Department of Justice announced a $14.5 million settlement of a whistleblower suit alleging False Claims Act violations against a lender who endorsed loans for insurance by the Federal Housing Administration (“FHA”). The settlement resolves an investigation triggered by a qui tam lawsuit filed by a former employee of the…
On December 11, 2018, the Massachusetts Division of Banks (“Division”) entered into a consent agreement with a California small loan company and licensed debt collector to resolve allegations that the company had collected interest in excess of the maximum amount permitted under state law. The consent agreement follows a compliance…
The Southern District of New York is deciding whether a putative class action can proceed beyond the motion to dismiss phase in a lawsuit that may implicate how banks define crypto currency purchases, and how those purchases fit into regulatory frameworks. The case is Brady Tucker, et al. v. Chase Bank…
On December 7, 2018, the Federal Trade Commission (FTC) announced settlements with the operators of two Florida-based student loan debt relief companies and their principals in connection with its coordinated federal-state enforcement initiative to target deceptive student loan debt relief scams, called “Operation Game of Loans.” In September and October…
On December 7, 2018, the Federal Trade Commission (“FTC”) announced that the U.S. District Court for the Southern District of Florida had entered stipulated orders banning the operators of two Florida-based student loan debt relief providers from the debt relief business, the latest actions from the Operation Game of Loans enforcement initiative targeting…
On December 6, 2018, the Bureau of Consumer Financial Protection (“CFPB”) announced that it had entered into a consent order with a federal savings association headquartered in Bloomington, Ill. According to the consent order, the CFPB alleged that the savings association violated the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.,…
On December 6, 2018, the Bureau of Consumer Financial Protection (“CFPB”) announced that two days earlier it had filed a complaint and stipulated final judgment and order against a Nevada-based non-bank mortgage company in the U.S. District Court for the District of Nevada. The mortgage company allegedly violated the Consumer…
On November 13, 2018, the District of Minnesota rejected the Ninth Circuit’s expansive interpretation of the Telephone Consumer Protection Act’s (TCPA’s) automatic telephone dialing system (ATDS) provision in Marks v. Crunch San Diego, LLC. In Roark v. Credit One Bank, N.A., No. 16-cv-00173 (D. Minn. Nov. 13, 2018), the court…
On December 4, 2018, one of the nation’s largest debt buyers and its subsidiaries reached a settlement with 42 states and the District of Columbia (see, e.g., announcements here and here). The settlement closes the states’ multi-year investigation into the company’s collection and litigation practices, including alleged violations of the…
On November 20, 2018, the Federal Trade Commission (FTC) announced that a federal court issued an injunction to halt and freeze the assets of a California-based student loan debt relief scheme. Two weeks prior, the FTC filed a complaint against the operators of the scheme, alleging deceptive acts and practices in violation of Section 5(a)…
On November 20, the Consumer Financial Protection Bureau (CFPB) announced a settlement with a Texas-based financial services company, resolving allegations that the company violated sections 1031 and 1036 of the Consumer Financial Protection Act of 2010 (CFPA), 12 U.S.C. §§ 5531, 5536. Specifically, the CFPB alleged that the company engaged in deceptive…