On June 23, 2017, the Federal Trade Commission (FTC) announced that it has filed a complaint in the U.S. District Court for the Western District of North Carolina against a North Carolina debt collection company and its owner, alleging that the defendants took money from consumers for fake or “phantom” debts they did not owe. According…
On June 12, 2017, the U.S. Department of the Treasury issued a 150-page report called for by President Trump’s Executive Order 13772 on Core Principles for Regulating the United States Financial System. The Report, entitled “A Financial System that Creates Economic Opportunities: Banks and Credit Unions,” is the first in a…
On June 16, 2017, the New Jersey Office of the Attorney General (“New Jersey AG”) and the New Jersey Division of Consumer Affairs announced a settlement with a for-profit student loan consolidation service that allegedly operated in the State of New Jersey without a debt-adjuster license. The New Jersey AG brought the action…
On June 7, 2017, the Consumer Financial Protection Bureau (CFPB) issued a Consent Order against mortgage servicer Fay Servicing, LLC (Fay), requiring Fay Servicing to pay $1.15 million to borrowers and to cease activities that the CFPB contended violated the Real Estate Settlement Procedures Act (RESPA), its implementing regulation, Regulation X,…
On May 31, 2017, the Consumer Financial Protection Bureau (CFPB) issued its Monthly Complaint Report, this month’s complaints by consumers aged 62 and older. The CFPB drew its analysis of more than 103,100 complaints from its Complaint Database, which can be found here. The complaint report is an illuminating view…
In the first quarter of 2017, Consumer Enforcement Watch tracked 46 enforcement actions taken against consumer financial service providers. This represents a slight decrease from the 50 enforcement actions taken against consumer financial service providers in Q1 of 2016. 34 of the 2017 Q1 enforcement actions were settlements (with or…
Even a year after it issued its opinion in Spokeo v. Robins, the Supreme Court’s decision on Article III standing continues to be hotly contested. On June 6, 2017, the District of New Jersey cited Spokeo in dismissing an amended Fair and Accurate Credit Transactions Act (FACTA) case. The decision…
On June 7, 2017, the Consumer Financial Protection Bureau (CFPB) announced that it entered into a consent order with a Chicago-based mortgage servicing company, settling allegations that it failed to provide borrowers with the foreclosure protections required by law. According to the CFPB, the mortgage servicer violated federal consumer protection laws in its…
On June 5, 2017, the Federal Trade Commission (FTC) announced that a federal district court had entered its eighth order against the remaining defendants in an illegal robocall ring in which defendants promised to help consumers lower their credit card interest rates. The FTC, in conjunction with the Florida Office of the Attorney…
On May 15, 2017, the U.S. Supreme Court decided Midland Funding, LLC, v. Johnson, No. 16–348, in favor of the debt collectors involved in the case. Specifically, Justice Breyer, writing for the Court, held that the Fair Debt Collection Practices Act, 15 U. S. C. §1692 et seq., (FDCPA), which…
On June 2, 2017, the Florida Attorney General (“Florida AG”) announced that it entered into a consent order with a Florida car dealership and its president following allegations that the dealership and the individual violated the Federal Trade Commission Act (“FTC Act”) and its regulations, specifically 16 C.F.R. § 255.5, and the Florida Consumer…
On May 30, 2017, the Honorable Josephine Staton, of the Central District of California, denied a Motion to Dismiss filed by three law firms, and their principals, in a case filed by the Consumer Financial Protection Bureau (“CFPB”). The CFPB sued the law firms based on their long-standing relationship with…
On May 10, 2017, the Consumer Financial Protection Bureau (CFPB) began gathering information regarding small business financing needs in an effort to encourage small businesses—especially ones owned by minorities and women. The Bureau began this process by issuing a Request for Information (RFI) seeking information from the public on a variety…
On May 26, 2017, Kansas Attorney General Derek Schmidt (Kansas AG) announced that a New York-based debt collector and its owner were banned from debt collection and enforcement in Kansas. Shawnee County District Court Judge Teresa Watson approved the consent judgment ordering the company to stop doing business in Kansas, dismissing…
On May 25, 2017, Kentucky Attorney General Andy Beshear (“Kentucky AG”) announced steps it is taking to provide guidance to Kentucky homeowners whose banks use online mortgage recording databases instead of traditional public land records to track land ownership. The Kentucky AG has provided county clerks with information to post in…
On May 25, 2017, the Federal Trade Commission (“FTC”) announced that it filed a complaint in federal court in the United States District Court for the Southern District of Florida against a student loan debt relief and credit repair company, its affiliated companies, and owner. The complaint alleged that the defendants operated an…
On May 25, 2017, Massachusetts Attorney General Maura Healey (“Massachusetts AG”) announced a final judgment and permanent injunction entered in Suffolk Superior Court against an unlicensed online auto title lender, permanently banning the company from operating in Massachusetts and voiding over 200 loans made by the company to Massachusetts borrowers. The judgment also prohibits…
On May 4, 2017, the U.S. House of Representatives Financial Services Committee passed the Financial CHOICE Act, H.R. 10, with a 34-to-26 vote down party lines. The legislation, co-sponsored by Chairman Jeb Hensarling (R-TX), seeks to overhaul the 2010 Dodd-Frank Act, including restructuring the Consumer Financial Protection Bureau (CFPB). LenderLaw…
On May 23, 2017, the Florida Attorney General’s Office (AG) announced that it had filed a complaint against a Florida student loan debt relief company that falsely promised consumers it could substantially reduce their student loan debt, or even have their student loan debt forgiven. According to the complaint, the company convinced consumers to pay…
On May 23, 2017, the District of Columbia Attorney General’s Office announced that it had entered into a consent order with a Maryland debt relief company and its owner for violating the District of Columbia’s Consumer Credit Service Organizations Act, D.C. Code § 28-4601, et seq., by falsely promising to help consumers reduce or eliminate debt. The debt relief…