On May 15, 2017, petitioners in E.I. du Pont de Nemours & Co. v. Bobbi-Jo Smiley filed a reply brief with the U.S. Supreme Court defending their petition for certiorari and arguing that the Court should take up review of the Third Circuit’s revival of their employees’ claims for overtime…
On May 16, 2017, the U.S. Department of Justice (“DOJ”) announced that it had reached a settlement with a company engaged in reverse mortgage servicing, in connection with the company’s participation in the Department of Housing and Urban Development’s (“HUD”) Home Equity Conversion Mortgage (“HECM”) program, which offers senior citizens reverse mortgages insured by the Federal Housing Administration…
On May 15, 2017, the Minnesota Attorney General’s office (“Minnesota AG”) announced that it obtained a judgment in a lawsuit filed in Minnesota state court against a debt collection company. As a result of the final judgment, the company is permanently barred from collecting debts in Minnesota and must pay a…
On May 11, 2017, the Federal Deposit Insurance Corporation (FDIC) announced a settlement with a Wisconsin bank and two affiliated institutions, resolving allegations that the three lenders violated Section 5 of the Federal Trade Commission (FTC) Act, which prohibits unfair and deceptive practices. The lenders allegedly violated this provision by: (1) charging…
On May 9, 2017, the Attorney General for the Commonwealth of Virginia (Virginia AG) announced that it had entered into a proposed consent order to resolve an action filed in Spotsylvania County Circuit Court against a Virginia-based pawn broker that allegedly charged illegal interest rates on loans. The proposed consent order would require the pawnbroker…
On May 10, 2017, the Fourth Circuit affirmed the Middle District of North Carolina’s refusal to compel arbitration under the terms of a payday loan agreement. In Dillon v. BMO Harris Bank, N.A., BMO Harris attempted to compel arbitration pursuant to an agreement that would have required the arbitrator to…
On May 11, 2017, the Massachusetts Division of Banks (DOB) entered into a consent order with a Massachusetts residential mortgage lending company, alleging that, between January 2013 and December 2016, the company engaged in unlicensed residential mortgage lending and charged fees in violation of Massachusetts law, and failed to comply with the Real…
On May 10, 2017, the U.S. Department of Housing and Urban Development (HUD) announced a settlement with a California credit union concerning allegations that the credit union denied loan approval to a married couple because one spouse was on maternity leave, in violation of the Fair Housing Act (FHA). HUD alleged that the couple applied for a…
On May 8, 2017, the North Carolina Attorney General (“NC AG”) announced that it had obtained a final judgment against an auto title lender and two of its employees in North Carolina State Court. The NC AG alleged that the lender solicited loans online, and required consumers to secure the loans with their vehicle titles. If…
On April 27, 2017, the Consumer Financial Protection Bureau (CFPB) announced the filing of a suit against four online lenders alleging that the lenders illegally collected debts on invalid loans. The complaint alleged violations of the Consumer Financial Protection Act (CFPA), 12 U.S.C. §§ 5531(a), 5536(a), and 5564(a), and the Truth in Lending Act (TILA),…
On April 26, 2017, the Consumer Finance Protection Bureau (CFPB) announced that it reached a consent order with an Ohio-based auto lender that allegedly violated a prior CFPB consent order by failing to properly return $1 million in refunds and credits to its customers. According to the CFPB, the auto lender specializes in auto loans to servicemembers. Under…
On April 21, 2017, the United States Court of Appeals for the District of Columbia Circuit affirmed the lower court’s decision denying the Consumer Financial Protection Bureau’s (CFPB) petition to investigate a college accreditation organization. The Court limited its holding to the particular Civil Investigative Demand (CID), finding that the Notification of Purpose within…
On April 12, 2017, the Federal Trade Commission (FTC) announced that it had secured a $2 million civil penalty against the president of a debt collection company for violating the Fair Debt Collection Practices Act (FDCPA) in United States v. Commercial Recovery Systems, Inc.—one of over a hundred cases brought…
On April 24, 2017, Federal Trade Commission (FTC) announced that a federal court ordered the president of a debt collection company to pay $2 million in civil penalties under the Federal Trade Commission Act (FTC Act) and the Fair Debt Collection Practices Act (FDCPA). A Judge in the U.S. District Court…
On April 5, 2017, Consumer Financial Protection Bureau (CFPB) Director Richard Cordray testified before the U.S. House of Representatives Financial Services Committee to present the CFPB’s semi-annual report, which is available here. The hearing was unsurprisingly divisive among members of Congress. Chairman Jeb Hensarling (R-TX) set the tone during his opening statement,…
On April 18, 2017, the United States Supreme Court, once again with nine justices sitting on the bench, heard oral arguments in Henson v. Santander Consumer USA, Inc., No. 16-349, concerning the scope of the Federal Debt Collection Practices Act (FDCPA), codified at 15 U.S.C. § 1692 –1692p. As previously…
On April 13, 2017, the Consumer Financial Protection Bureau (CFPB) issued proposed amendments to clarify certain requirements of the Home Mortgage Disclosure Act (HMDA). HMDA requires that financial institutions collect and report certain information regarding their mortgage lending activities. The information that financial institutions are required to collect and report includes…
On April 20, 2017, the U.S. Attorney’s Office for the Southern District of New York (USAO) announced that the president and chief executive officer of a Buffalo-based debt collection company was sentenced to 100 months in prison for engaging in illegal and abusive debt collection practices. According to the USAO, the defendant…
On April 19, the U.S. Department of Housing and Urban Development (HUD) announced that it had entered an agreement with a group of California mortgage lenders to resolve allegations that they discriminated against a mortgage applicant. That consumer had filed a complaint with HUD in October 2016, alleging that the lenders failed to prequalify…
On April 20, 2017, the Massachusetts Division of Banks (DOB) issued Findings of Fact and a Temporary Order to Cease and Desist against a loan servicing company, alleging that the company engaged in residential mortgage loan servicing practices that violate state and federal laws, and failed to meet the requirements…