On August 3, 2022, the California Department of Financial Protection and Innovation (DFPI) announced that it had entered into a consent order with a Florida-based lending company that allegedly made “illegal loans.” Specifically, the consent order alleges that the company’s policy of making “buy now, pay later” arrangements for point-of-sale transactions qualified as “loans,” subjecting…
On July 27, 2022, the Consumer Financial Protection Bureau (CFPB) and U.S. Department of Justice (DOJ) filed a complaint and proposed consent order in a federal district court alleging that a mortgage company intentionally discriminated against families living in majority-minority neighborhoods around Philadelphia in violation of the Fair Housing Act…
On July 28, 2022, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with a large national bank to resolve alleged violations of the Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq., and its implementing regulation, Regulation Z (Reg Z), 12 C.F.R. part 1026; the Fair Credit…
On July 27, 2022, the Consumer Financial Protection Bureau (CFPB) and U.S. Department of Justice (DOJ) announced that they reached a settlement with a nonbank residential mortgage lender to resolve allegations of race-based lending discrimination in violation of the Fair Housing Act (FHA), 42 U.S.C. §§ 3601-3619; the Equal Credit Opportunity Act…
On July 26, 2022, the Consumer Financial Protection Bureau (CFPB) announced that it settled with a California-based auto lender who purchases and services retail installment contracts and vehicle leases for an affiliated automaker. The settlement resolves alleged violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681 et seq., and…
On June 14, 2022, the Third Circuit Court of Appeals (Third Circuit) issued a significant decision regarding the TCPA’s restrictions in Section 227(b)(1)(A)(iii) on using an automatic telephone dialing system (ATDS) definition to make calls or texts to cellphones without prior express consent. In Panzarella v. Navient Solutions, Inc, No….
On June 21, 2022, the U.S. Department of Justice (DOJ) filed a complaint and settlement agreement in federal court alleging that a social media company is in violation of the Fair Housing Act (FHA), 42 U.S.C. §§ 3601-3619, for employing tools that allow advertisers of housing-related services to exclude certain…
On June 29, 2022, the Massachusetts Attorney General’s Office announced that it had resolved allegations that a motor vehicle title lender made illegal loans to customers and repossessed cars to collect payments, with a settlement agreement that requires the lender to pay over $900,000 in redress to consumers. The Attorney General alleged that the motor…
On June 22, 2022, the USAO for the Eastern District of Washington announced that it had reached a settlement with a California-based mortgage lender for fraudulent originations of Federal Housing Administration (FHA) backed loans. The investigation began as a qui tam action filed under seal in the U.S. District Court for the Eastern…
On June 9, 2022, the CFPB announced that it had reached an agreement with the former owner of a student-loan debt relief company banning the owner from the debt-relief industry. The CFPB filed a complaint in U.S. District Court for the Southern District of California alleging that the individual violated the Consumer Financial Protection Act…
On June 2, 2022, the U.S. Department of Housing and Urban Development (HUD) announced it reached a settlement agreement with a non-bank residential mortgage lender to resolve allegations of race-based lending discrimination in violation of the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq. The settlement arose from a complaint filed with a fair…
On May 17, 2022, the Federal Deposit Insurance Corporation (FDIC) announced its adoption of a final rule implementing Section 18(a)(4) of the Federal Deposit Insurance Act, which prohibits any person from misusing the FDIC’s name or logo to misrepresent their deposit insurance status. The final rule establishes the process by…
On May 26, 2022, the North Carolina Attorney General (NC AG) announced that it obtained a default judgment against a California-based debt settlement business, and its proprietor. The lawsuit, filed on June 25, 2021 in the North Carolina Superior Court for Wake County, alleged that the entity violated North Carolina’s Debt Adjusting Act, N.C. Gen. Stat….
On May 31, 2022, the Federal Trade Commission (FTC) announced it had filed a complaint against a group of related companies and its owners for allegedly scamming consumers out of more than $213 million through operation of a credit repair scheme. The FTC alleges that the company violated Section 5(a) of the FTC…
On May 23, 2022, the Consumer Financial Protection Bureau (CFPB) and the New York Attorney General (NY AG) announced that they have settled a case filed against six New York debt collection companies and affiliated individuals, resolving a one-and-a-half year enforcement action. The original complaint was filed on September 20, 2020 in the U.S. District Court for the Western…
On April 27, 2022, the U.S. District Court for the Western District of Pennsylvania certified a class comprised of individuals alleging the Defendants violated the Fair Debt Collection Practices Act (FDCPA). Plaintiffs allege Defendants violated the FDCPA by sending collections letters encouraging individuals to accept discounted repayment offers before a…
On May 19, 2022, the Arizona Attorney General, along with the attorneys general of 34 other states, announced a settlement with a large subprime auto lender. If approved, the settlement would resolve a multistate investigation in which the attorneys general alleged that the lender issued high-interest loans knowing consumers were likely to default based…
On May 16, 2022, the Arizona Attorney General’s Office (Arizona AG) announced that it reached a settlement agreement with the owner of several debt collection companies regarding alleged deceptive debt collection practices in violation of state law. The agreement resolves a lawsuit by the Arizona AG filed in September 2020, alleging that the companies collected or attempted to collect payments…
On May 11, 2022, the Consumer Financial Protection Bureau (CFPB) announced that it had resolved an enforcement action against two debt-relief payment processors and one of their co-founders. The CFPB alleged the processors improperly collected debt relief fees from consumers, misled consumers about timing of fee payments, and sent illegal fee advancements to debt-relief companies….
On May 6, 2022, the Federal Trade Commission (FTC) announced that, at its request, the U.S. District Court for the Middle District of Florida had issued a temporary restraining order (TRO), effectively shutting down a credit repair operation. In the FTC’s complaint, it alleged that the company charged consumers hundreds of dollars for credit repair services that…