Archive for August, 2016

DOJ Files Suit Against California Lenders Alleging Discriminatory Loan Modification Scheme

On August 23, 2016, the Department of Justice (DOJ) announced the filing of a lawsuit in the United States District Court for the Northern District of California against several California-based mortgage loan modification service providers.  The complaint alleges that defendants violated the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA)…

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CFPB and National Bank Reach $32.25 Million Settlement Regarding Credit Card Add-On Products

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On August 25, 2016, the Consumer Financial Protection Bureau (CFPB) announced an order against a national bank that will require the bank to pay $32.25 million in consumer relief and civil penalties based on practices relating to credit card add-on products.  These practices allegedly violated sections 1031 and 1036(a)(1)(B) of the Consumer Financial Protection Act…

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CFPB Issues Consent Order Regarding National Bank's Student Loan Servicing Practices

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On August 22, 2016, the Consumer Financial Protection Bureau (CFPB) announced that it entered into a consent order with a large national bank in relation to the company’s private student loan servicing practices.  The CFPB asserts that the bank’s practices allegedly increased costs and penalized certain borrowers, leading to illegal fees and inaccurate credit…

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Minnesota AG Settles Suit Against California Online Lender Relating to Alleged "Rent-a-Tribe" Scheme

On August 19, the Attorney General’s Office for the State of Minnesota (Minnesota AG) announced that it had settled a lawsuit against a California-based online lender relating to an alleged “rent-a-tribe” scheme.  The settlement bars the lender from doing business in Minnesota unless and until it complies with the state’s usury, lending,…

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Kansas AG Settles With Auto Credit Company For Improperly Disclaiming Warranties

On August 19, 2016, the Kansas Attorney General announced a settlement with a Michigan-based auto credit company for “improperly disclaiming warranties in contracts with Kansas consumers in violation of the Kansas Consumer Protection Act.”  According to the company, the warranties were disclaimed inadvertently.  Under the terms of the settlement, each…

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Massachusetts DBO Enters Into Consent Order with Mortgage Lender Over Pre-Disbursement Interest Charges

On August 12, the Massachusetts Division of Banks made public its second quarter enforcement actions, including a consent order that it had entered into on April 21 with a California-based mortgage lender and broker concerning its alleged practice of charging borrowers per diem interest between the funding date of the loan and the date the funds…

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