On March 23, 2017, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with a California-based credit reporting agency (CRA) and its subsidiaries, resolving allegations that the CRA deceived consumers by misrepresenting that the credit score reports that it marketed to consumers were used by lenders in determining a consumer’s credit worthiness….
On March 17, 2017, the Department of Justice (DOJ) filed an amicus brief in PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir.), in which it argued that the Consumer Financial Protection Bureau’s (CFPB) single director structure is unconstitutional and that President Trump should have the power to remove the CFPB’s director…
On March 24, 2017, the Massachusetts Commissioner of Banks (“Commissioner”) entered into a consent order with a licensed motor vehicle sales finance company, agreeing to refrain from further violations of Massachusetts state law governing the conduct of motor vehicle sales financing. The consent order came after the Commissioner examined the company and subsequently issued a…
On February 27, 2017, the Federal Trade Commission (FTC) entered into a stipulated order for permanent injunction and monetary judgment with defendants United Debt Counselors, LLC, a debt relief company, and its principals, banning the defendants from making misrepresentations about financial products and services and requiring the defendants to pay a $9…
On March 22, 2017, the New York Attorney General’s Office (“New York AG”) announced that it had entered into a $540,000 settlement with a Virginia retailer and financing company that allegedly used deceptive practices to lure military servicemembers into financing agreements for the purchase of consumer goods. The New York AG alleged that the companies sold…
Last month, the Ninth Circuit affirmed dismissal of a putative class action that challenged certain fees imposed for property inspections conducted after the named plaintiffs had defaulted on their mortgages. Demonstrating the value of the increased pleading requirements set by Federal Rule of Civil Procedure 9, the Ninth Circuit’s decision in…
On March 15, 2017, the Consumer Financial Protection Bureau (CFPB) entered into a consent order with national nonbank mortgage lender that requires the lender to pay a $1.75 million civil monetary penalty to resolve alleged violations of the Home Mortgage Disclosure Act (HMDA). The CFPB alleged that the mortgage lender violated HMDA, 12 U.S.C. § 2803,…
On March 16, Maryland Attorney General Brian E. Frosh announced a settlement between his Consumer Protection Division and five California law firms that allegedly collected illegal advance fees from consumers for debt settlement services and used the payments to pay themselves thousands of dollars. Maryland’s Debt Settlement Services Act prohibits…
On March 9, 2017, the North Carolina Attorney General (“AG”) announced that it had settled a lawsuit filed in the Wake County, North Carolina Superior Court against three debt relief companies and two individuals. As a result of the settlement, the court entered an order banning the companies and individuals from advertising or providing debt relief…
On March 14, 2017, the Federal Trade Commission (FTC) announced that it would settle its charges against a Los Angeles-based automotive group for deceptive and unfair sales and financing practices, with the auto group agreeing to pay more than $3.6 million for return to customers. The FTC charged the auto…
On March 7, the Federal Trade Commission (FTC) announced that the United States District Court for the Eastern District of Texas entered a stipulated order prohibiting a national debt relief provider from making misleading claims about its debt relief services. The court also entered a $9 million judgment against the defendants, with all but…
On March 10, 2017, the Department of Housing and Urban Development (“HUD”) announced that it reached a settlement with an Illinois bank resolving allegations that the bank engaged in illegal “redlining” of minority neighborhoods in the Rockford, Illinois metropolitan area. HUD initiated its investigation after the Hope Fair Housing Alliance (“Hope”)…
On March 10, 2017, the Illinois Attorney General’s Office (“Illinois AG”) announced that it had brought criminal contempt charges against the former proprietor of a debt collection business (the “defendant”). The defendant is accused of operating a new debt collection business, which is an alleged violation of a consent decree concerning…
On Thursday, September 8, 2016, the Consumer Financial Protection Bureau (“CFPB”), in connection with the Office of the Comptroller of the Currency (“OCC”) and the City of Los Angeles, announced that the government was levying a combined fine of $185 million on Wells Fargo, N.A. (“Wells Fargo”) for aggressive sales…
On March 7, 2017, the United States Attorney’s Office for the Eastern District of New York announced the sentencing of an individual defendant to 15 years in prison and $2.5 million in forfeiture in connection with a loan modification scheme. The defendant may also be subject to additional restitution under the…
On February 21, 2017, the U.S. Supreme Court issued an order remanding a False Claims Act (FCA) case, Bishop v. Wells Fargo & Co., No. 15-2449 (2d Cir. 2016), to the Second Circuit for further consideration of the availability of implied certification claims. The Court’s decision to remand the case is significant…
On Friday, February 24, 2017, more than half of the U.S. states’ attorneys general (the Amici States) filed an amicus brief in support of the petitioners in Henson v. Santander Consumer USA, Inc., a case that is currently before the U.S. Supreme Court. The Amici States, along with the petitioners, urge…
On February 21, 2017, the United States District Court for the Central District of California issued a stipulated order as to the final defendant in an alleged mortgage-relief scam. The court had entered judgment against the other co-defendants in the case, Federal Trade Comm’n v. CD Capital Investments, LLC, No….
On February 23, 2017, the Federal Trade Commission (FTC) announced that it entered into a settlement with the final individual defendant in an alleged mortgage relief scheme worth over $1.7 million. As a result of a joint federal-state enforcement sweep known as “Operation Mis-Modification,” the FTC filed a complaint in…
On February 16, 2017, the United States Court of Appeals for the DC Circuit granted Respondent Consumer Financial Protection Bureau’s (CFPB) petition for rehearing en banc of PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir.). In doing so, the court vacated its October 11, 2016, order, which had held, inter alia, that the CFPB’s single-director structure…