Archive for February, 2016

FTC Secures Temporary Restraining Order Against Debt Relief Services Provider


​On February 25, the Federal Trade Commission (FTC) announced​​ that on February 16, the U.S. District Court for the Southern District of California entered a temporary restraining order against ​a debt relief provider that allegedly ​​deceptively marketed home loan modification services and student loan modification services.  The Complaint alleged that for several months…

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West Virginia Attorney General Settles with Payday Lender for Debt Collection Calls

​On February 25, the West Virginia Attorney General’s office announced that it had reached a settlement with an Ohio payday lender, resolving allegations that the payday lender had engaged in debt collection activities that “may violate” provisions of the West Virginia Consumer Credit and ​Protection Act (WVCCPA), W. Va. Code § 46A-…

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CFPB Enters Consent Order with National Bank & Debt Collectors Over Allegedly False Affidavits

CFPB sign

​On February 23, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into consent orders with a national bank, two of its affiliates, and two debt collection law firms over allegations that the debt collection law firms altered affidavits filed in New Jersey courts.  The consent orders allege that…

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Massachusetts AG Settles Force-Placed Insurance Claims Against National Mortgage Lender for $4 Million

On February 18, the Massachusetts Attorney General (“AG”) announced a $4 million settlement with a national mortgage lender and servicer, resolving allegations that the lender received kickbacks for force-placed insurance policies. The AG alleged that, prior to June 1, 2012, the lender received compensation and other kickbacks tied to (already high) force-placed insurance…

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State AGs Announce $13 Million Nationwide Settlement with Money Services Company

​On February 11, 2016, 49 state attorney generals and the Attorney General for the District of Columbia, collectively the “State AGs,”​ announced​ a $13 million nationwide settlement with a Dallas-based money services company.  The settlement agreement was the result of a multi-state investigation headed by the Consumer Protection Divisions of the respective State AGs….

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OCC Terminates Mortgage Servicing Consent Order and Assesses Penalties Against Two National Banks

On February 9, 2016, the Office of the Comptroller of Currency (“OCC”) announced that it has terminated mortgage servicing-related consent orders against two national banks because the banks now comply with the orders.   In terminating the consent orders, the OCC assessed a $10 million civil money penalty against the first bank and a $3.4 million civil money penalty against the…

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Payday Lender Indicted for RICO, TILA Violations

On February 10, the U.S. Attorney for the Southern District of New York announced the unsealing of a criminal indictment charging the owner of and attorney for a payday lending company.  The defendants were charged with violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Truth in…

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National Bank Will Pay $600 Million to Settle Federal and State Claims Addressing Loan Origination, Servicing, and Foreclosure Practices

​On February 5, 2016, the Department of Justice, the Department of Housing and Urban Development, the Consumer Financial Protection Bureau, and 49 state attorneys general and the District of Columbia’s attorney general announced a $470 million settlement with a national bank to address alleged mortgage origination, servicing, and foreclosure abuses. …

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CFPB Settles Discriminatory Lending Claims Against Auto Manufacturer for $21.9 Million

On February 2, 2016, the Consumer Financial Protection Bureau announced a settlement with an auto manufacturer resolving claims of alleged discrimination under the Equal Credit Opportunity Act.  Under the terms of the settlement, the auto manufacturer will pay “$21.9 million in restitution to thousands of African-American and Asian and Pacific Islander…

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