Goodwin’s Consumer Finance Insights (CFI) monitors, reports, and analyzes the latest legal news, activity, and developments impacting the consumer finance industry. Consumer financial services companies—whether banks, fintechs, nonbank and alternative lenders, payment providers, or industry vendors or service providers, like digital advertisers and lead generators—face a constantly shifting and maturing regulatory and legal landscape. Growing from the Financial Crisis, today more than any time in history the consumer finance industry must confront a robust and growing body of industry legislation and regulation, all while under the microscope of sophisticated enforcers, like the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and state regulators and attorneys general. It is critical for in-house and outside corporate counsel, compliance departments, and business executives to stay informed and aware of these developments to navigate institutional, reputational, and legal risks. Goodwin’s CFI is a singular source of the most recent industry news and latest enforcement activity for you to leverage. Here, you will find links to original enforcement documents, enforcement activity statistics, and reports, analysis, and commentary from Goodwin’s leading Consumer Financial Services Litigation and Enforcement practitioners.

HUD Obtains $200 Million in Community Investment to Resolve Redlining Allegations against Midwest Mortgage Lender

The U.S. Department of Housing and Urban Development (HUD) reached a settlement agreement with Associated Bank concerning allegations that the Bank violated Section 804(b) of the Fair Housing Act.  According to the conciliation agreement, HUD alleged that the Bank disproportionately denied loan applications of African-American and Hispanic applicants, and under-served…

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State Bank Enters $228,000 Consent Order with CFPB for Loan Officer Compensation Rule Violations

On June 5, the Consumer Financial Protection Bureau (CFPB) announced that it entered a consent order with a state bank for alleged violations of the Loan Originator Compensation Rule under the Truth-in-Lending Act (TILA) and Consumer Financial Protection Act of 2010.  The CFPB alleged that the bank paid loan originators based…

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Mortgage Lender Enters Into Consent Order With CFPB Over Steering Allegations

​On June 4, the Consumer Financial Protection Bureau (CFPB) announced that it had entered a consent order with a regional residential-mortgage lender over allegations that the lender paid bonuses and higher commissions to loan officers for steering consumers into mortgages with higher interest rates.  The complaint, also filed on June 4, alleged that the company…

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CFPB Enters Consent Order with State Bank for Loan Originator Compensation Rule

On June 5, the Consumer Financial Protection Bureau (CFPB) announced that it entered into a consent order with a state mortgage bank regarding alleged violations of the Loan Originator Compensation Rule and Consumer Financial Protection Act (CFPA).  The CFPB alleged that the bank paid loan originators based on the interest rates charged on the…

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CFPB Orders $109 Million Disgorgement in First Enforcement Appeal Decision

On June 4, the Consumer Financial Protection Bureau (CFPB) announced that Director Richard Cordray issued a decision in the the first appeal of a CFPB administrative enforcement action.  The appeal hearing was previously covered by Consumer Finance Enforcement Watch.  The Director’s decision upheld in part and reversed in part an…

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National Bank Acquitted of Grand Larceny and Conspiracy Charges Alleging Sale of Fraudulent Loans

On June 3, a New York state jury acquitted a national bank of grand larceny and conspiracy charges.  Following a two and a half year investigation, the Manhattan District Attorney indicted the bank and eleven former employees on charges of conspiracy, grand larceny, residential mortgage fraud and securities fraud, among…

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Regional Bank Settles Allegations of FHA Mortgage Lending Violations with Justice Department for $212.5 Million

On June 1, 2015, the Department of Justice announced a settlement with a regional bank over allegations that the bank originated and underwrote mortgage loans that did not meet applicable requirements of the Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA) insurance program.  The settlement was previously…

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OCC Enters Consent Orders with National Bank Regarding Compliance with SCRA

On May 29, 2015, the Office of the Comptroller of the Currency (“OCC”) entered into two consent orders with a National Bank regarding the bank’s non-home loan compliance with the Servicemembers Civil Relief Act (“SCRA”) and the bank’s practices in connection with non-home debt collection litigation practices. The OCC estimates…

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CFPB and Florida AG Granted Default Judgment Against Florida Mortgage Relief Companies

On May 29, 2015, the United States District Court for the Southern District of Florida granted the Consumer Financial Protection Bureau (“CFPB”) and the State of Florida​ a final default judgment​ against a Florida Foreclosure Relief Company and its corporate affiliates based on the company’s failure to answer or otherwise…

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CFPB and DOJ File Complaint and Consent Order Against National Mortgage Lender

​On May 28, 2015, the Consumer Financial Protection Bureau (“CFPB”) and the Department of Justice (“DOJ”) filed ​a joint complaint and proposed consent order​ against a national mortgage lender in the United States District Court for Northern District of California. The complaint​ alleges that the lender violated the Equal Credit…

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MI Attorney General Files Criminal Charges Alleging Fake Loan Modification Scheme

On May 22, 2015, the Michigan Attorney General (“AG”) and its Homeowner Protection Unit filed charges in Oakland County’s 48th District Court against a Michigan mortgage company and its owner alleging that the owner and mortgage company engaged in a scheme to defraud borrowers by promising to modify mortgages for…

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HUD Settles Fair Housing Claim with Regional Bank for $200 Million

​​The U.S. Department of Housing and Urban Development (HUD) announced that it reached a settlement agreement with a regional bank over a disparate treatment fair housing claim.  HUD alleged that the bank engaged in racially discriminatory redlining by lending less in majority-minority census tracks than in other neighborhoods.  Under the…

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State Attorneys General Announce Settlement with Credit Reporting Agencies

On May 20, 2015, Ohio Attorney General Mike DeWine, along with attorneys general of thirty other states (“the State AGs”), announced a $6,000,000 settlement with three major credit reporting agencies (“CRAs”). According to the announcement and the Settlement Agreement, the settlement is a culmination of a multistate investigation that the…

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New York Federal Court Issues TRO Over Debt Collector's Communications

FTC

​​On May 21, the Federal Trade Commission (FTC) announced​​ that its “Messaging for Money” enforcement campaign resulted ​in the U.S. District Court for the Western District of New York issuing a temporary restraining order against a debt collector who, according to the FTC’s complaint filed on May 11,  allegedly told consumers via text messages that legal actions had been filed…

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New York Federal Court Issues TRO Over Debt Collector's Text Messages

FTC

​On May 21, the Federal Trade Commission (FTC) announced​​ that its “Messaging for Money” enforcement campaign resulted ​in the U.S. District Court for the Western District of New York issuing a temporary restraining order against a debt collector who allegedly sent misleading text messages trying to trick consumers into telephoning the company.  The FTC’s complaint, filed on May…

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Georgia Federal Court Issues TRO Over Debt Collector's Text Messages

FTC

​On May 21, the Federal Trade Commission (FTC) announced​​ that its “Messaging for Money” enforcement campaign resulted in the U.S. District Court for the Northern District of Georgia issuing a temporary restrining order against a debt collecter who allegedly sent threatening text messages to consumers.  The FTC’s complaint, filed on May 11, alleged…

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