On March 8, 2024, the Minnesota Attorney General announced that it had filed a lawsuit against four solar companies for allegedly violating Minnesota Prevention of the Consumer Fraud Act (“MCFA”), the Uniform Deceptive Trade Practices Act, the False Statement in Advertising Act (“FSAA”), and Chapter 56 of the Minnesota Regulated Loan Act. The…
In late January, the West Virginia Legislature introduced two bills aiming to regulate and expand the telemarketing laws in West Virginia. The first bill, House Bill 4886, would amend the Code of West Virginia by adding a new section that establishes a $1000 civil administrative penalty for each instance that…
On February 16, 2024, the Consumer Financial Protection Bureau (CFPB or Bureau) announced that it is updating its internal supervisory appeals process for institutions seeking to appeal a compliance rating or an adverse material finding. If a supervised entity disagrees with a compliance rating or any other adverse finding after…
On February 27, 2024, the California Department of Financial Protection and Innovation (DFPI) announced that it entered into a consent order with a San Francisco-based financial services company resolving allegations that the company’s handling of consumer complaints violated California’s Consumer Financial Protection Law (CCFPL). The company, which partners with regional banks to provide mobile…
Last week, the Federal Communications Commission (FCC) released a Declaratory Ruling stating that existing federal regulations related to using “an artificial or prerecorded voice” to deliver a telephone message, also encompass voices generated by artificial intelligence (AI). The ruling does not expand prohibitions or definitions set forth in the applicable…
On February 2, 2024, the U.S. District Court for the Central District of California issued an order permanently banning several companies and their owners from the telemarketing and debt relief businesses and requiring them to pay approximately $19 million in restitution and civil money penalties. This order came as a…
On January 24, 2024, the Consumer Financial Protection Bureau (CFPB) announced a new proposed rule as part of the CFPB’s broader strategy of targeting junk fees. This proposed rule would “prohibit non-sufficient funds (NSF) fees on transactions that financial institutions decline in real time.” These fees apply to “transactions declined…
On January 31, the Federal Trade Commission announced that a federal court in Illinois entered final orders against a telemarketing company and its owners as part of a judgment against an allegedly illegal telemarketing scheme. In the lawsuit, the FTC accused the defendants of making millions of illegal, unsolicited calls to people who were…
On January 24, 2024, the Federal Trade Commission announced that it had reached a settlement with an online cash advance provider and its co-founders resolving claims that the company violated the FTC Act, the Restore Online Shopper’s Confidence Act (ROSCA), and the Equal Credit Opportunity Act (ECOA), by engaging in allegedly deceptive marketing tactics and…
On January 8, 2024, the Office of Inspector General (OIG) issued an Evaluation Report (Report) concluding that the Consumer Financial Protection Bureau (CFPB or Bureau) should “enhance certain aspects of its enforcement investigations process.” The Report focuses on the efficiency of the CFPB’s Office of Enforcement’s (Enforcement) process for carrying out…
On January 9, 2024, the California Department of Financial Protection and Innovation (DFPI) announced that it entered into a consent order with a Delaware fintech company that provided California consumers with access to an internet-based platform for merchants to offer installment payments for the purchase of outdoor-adventure equipment. According to the consent order, since at…
On January 10, 2024, the CFPB and seven state attorneys general filed suit against a New York-based financial consultant company, chief executives, and several related entities for allegedly running an illegal debt relief service scheme in violation of the Telemarketing Sales Rule and other state laws. According to the complaint, filed in…
On January 17, 2024, the United States Attorney’s Office for the Western District of Tennessee (“USAO”) announced that it entered into a consent agreement with a full-service bank, resolving allegations of lending discrimination in violation of the Fair Housing Act (“FHA”), 42 U.S.C. §§ 3601–3619 and the Equal Credit Opportunity Act (“ECOA”),…
Over a year after becoming law, New York’s Foreclosure Abuse Prevention Act, L. 2022, ch. 821 (eff. Dec. 30, 2022) (FAPA) continues to divide trial courts regarding the constitutionality of the law’s retroactive application. Appellate level guidance remains wanting. FAPA amended certain New York rules related to the time limits…
On January 9, 2024, the California Department of Financial Protection and Innovation (DFPI) announced that it entered into a consent order with an internet-based financial services company that allows online merchants to offer payment in installments to its customers. The DFPI alleged that the company violated the California Consumer Financial Protection Law (CCFPL) by failing to disclose…
On November 20, 2023, the Consumer Financial Protection Bureau (CFPB) announced that, in conjunction with 11 states, it entered into a stipulated final judgment with a Delaware-based vocational education company that advertises itself as a “workplace accelerator” and its affiliates for alleged violations of the Consumer Financial Protection Act (CFPA), the Truth…
On January 2, 2024, the Federal Trade Commission (FTC) announced it had reached a settlement with a California-based lead generator resolving allegations that the company facilitated illegal telemarketing calls. This lead generator owned the domain to several websites and sold thousands of leads to third parties for telemarketing purposes. The…
On December 20, 2023, the CFPB announced that, along with the DOJ, it had filed suit against a Texas-based developer and lender for operating an allegedly illegal land sales scheme that targeted Hispanic borrowers. The complaint, filed in the U.S. District Court for the Southern District of Texas, alleges that the lender sells…
On December 19, 2023, the CFPB announced it had entered into a consent order with a national bank regarding its handling of consumers’ unemployment benefits accounts. The bank had contracted with at least 19 states to deliver unemployment benefits to consumers. The CFPB accused the bank of violating the Consumer Financial Protection…
On December 15, 2023, the CFPB announced that it entered into a consent order with a medical debt collector resolving allegations that the debt collector tried to collect unverified medical debts after consumers disputed the validity of those debts. The CFPB alleges that the company failed to conduct reasonable investigations of disputed debts and failed to inform consumer reporting companies…