On May 18, the New York State Department of Financial Services (DFS) announced a consent order with a debt buyer for purchasing and collecting on allegedly illegal payday loans made to New York consumers, in violation of the Fair Debt Collection Practices Act and New York state law. The settlement requires the…
On May 18, the New York State Department of Financial Services (DFS) announced a consent order with a Virginia debt buyer for collecting on illegal payday loans from New York consumers, in violation of the Fair Debt Collection Practices Act and New York state law. Between 2012 and 2014, the debt buyer…
On May 19, 2016, the Department of Justice (DOJ) announced that it filed a lawsuit against a national mortgage company relating to the company’s participation in the Direct Endorsement Lender Program of the Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA) insurance program. A qui tam plaintiff…
On May 17, the Federal Reserve announced the execution of a settlement agreement with a state bank resolving alleged violations of the National Flood Insurance Act (“NFIA”), 42 U.S.C. § 4012a(f), and Regulation H, 12 C.F.R. part 208. The Board of Governors asserted that where a pattern or practice of violations of the NFIA is found, civil…
On May 10, 2016, the U.S. Treasury Department released a white paper entitled, “Opportunities and Challenges in Online Marketplace Lending.” The white paper is the result of a request for information that elicited more than 100 industry responses, and it reviews the benefits and risks of online marketplace lending before making…
Today, the Supreme Court released its opinion in Spokeo v. Robins, vacating the Ninth Circuit’s decision and remanding the case for further proceedings. Our earlier posts on the case (here, here, and here) provide more detailed background on the facts of the case, but by way of short introduction, Spokeo…
Joe Yenouskas, a partner in Goodwin Procter’s Consumer Financial Services Litigation Group, will speak on a June 2, 2016 webinar about consumer finance class actions. His presentation will examine recent developments and trends in class action claims alleging violations of federal consumer protection laws governing the financial services industry, including…
On May 13, the Department of Justice (DOJ) announced that it has reached a $64 million settlement agreement with a national bank relating to the bank’s participation in the Direct Endorsement Lender Program of the Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA). The agreement resolves claims that were originally brought…
The CFPB’s assault on payday lenders is nothing new (see our coverage of the Bureau’s proposed Payday lending rules here and Enforcement Watch’s coverage of a payday-lending-based consent order here), but the Bureau has now gone international. CFPB v. NDG Financial Capital (Case No. 15-cv-05211), currently pending in the Southern District of…
On May 11, 2016, the Consumer Financial Protection Bureau (CFPB) announced that it is taking action against a Mississippi-based check cashing and payday lending company and its owner for purportedly “tricking and trapping” customers. According to the complaint, filed in the U.S. District Court for the Southern District of Mississippi, the defendants…
On May 9, the Federal Trade Commission (FTC) announced that it had entered into a consent order with a Texas-based debt collector, stemming from allegations that the debt collector had violated the Federal Trade Commission Act (FTCA), Fair Credit Reporting Act (FCRA), and the Duties of Furnishers of Information to Consumer…
On May 5, 2016, the Consumer Financial Protection Bureau issued long-expected proposed rules that will drastically limit the use of pre-dispute arbitration clauses in contracts for consumer financial products and services. First, the proposed rules would prohibit pre-dispute arbitration agreements that bar consumers from filing or participating in a class…
On May 5, 2016, Nebraska Attorney General (“AG”) Doug Peterson and the Department of Banking and Finance announced a settlement with unlicensed online lenders that allegedly engaged in unfair and deceptive lending practices through a tribal lending scheme. The Nebraska AG brought an action on May 4, 2016 against several online lending…
On May 5, 2016, the Pennsylvania Attorney General announced the filing of a civil lawsuit in the Clinton County (PA) Court of Common Pleas against an Ohio financial services company and its owner for misleading at least four Pennsylvania consumers, including three military veterans. The lawsuit states that the company catered specifically to…
On May 4, 2016, the Kentucky Attorney General announced that it filed a lawsuit against an out-of-state student loan company on May 2, 2016 for failing to turn over key documents in response to a subpoena in an ongoing investigation. The lawsuit alleges that, under the Kentucky Consumer Protection Act, Kentucky…
On May 4, 2016, the United States Attorney for the Southern District of New York and the Special Inspector General of the Troubled Asset Relief Program (SIGTARP) announced that a California man was found guilty of defrauding over 30,000 homeowners out of $31 million through a large mortgage modification scheme. The defendant was…
On May 2, 2016, the North Carolina Attorney General (“AG”) announced that a state court judge temporarily banned online auto lenders from engaging in allegedly deceptive lending practices, including charging unlawful fees. The North Carolina AG filed suit against the unlicensed lenders for allegedly charging excessive interest rates and engaging…
On April 25, 2016, the Consumer Financial Protection Bureau (CFPB) announced it entered into two settlements, available here and here, with a law firm and a financial services company over allegations the entities filed debt collection lawsuits without properly verifying the underlying debt obligations, in violation of the Consumer Financial Protection Act…
On April 25, 2016, the Department of Housing and Urban Development (HUD) announced that it entered into a settlement agreement with a regional bank over allegations the bank engaged in discriminatory lending practices in violation of the Fair Housing Act. According to HUD, the bank discriminated against racial minorities by refusing…
On April 15, the U.S. Department of Justice (DOJ) announced that a mortgage company settled claims it violated the False Claims Act by originating and underwriting mortgage loans insured by the U.S. Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA) that failed to comply with certain requirements for the FHA insurance program. The settlement…