It has now been nearly six months since the landmark Spokeo v. Robins case was decided by the Supreme Court, and courts across the country have begun to interpret the case. Spokeo held that a plaintiff must be able to show actual injury to have constitutional standing to sue under…
For the second quarter of 2016, Consumer Enforcement Watch tracked 46 enforcement actions taken against consumer finance providers. This represents a slight decrease from the 50 enforcement actions that were tracked last quarter, and a decrease from the 56 actions that we tracked in the second quarter of 2015. Approximately two-thirds of…
On October 19, 2016 the U.S. Attorney’s Office (USAO) announced that it had settled with a Massachusetts-based mortgage lender and its CEO for $1,025,000 to resolve allegations that the mortgage lender submitted false insurance claims on mortgages insured by the Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA). The USAO…
On October 19, 2016, Mississippi Attorney General (AG) Jim Hood announced that “the nation’s three major credit reporting agencies will overhaul their business practices and two of the agencies will offer Mississippians unlimited access to free credit reports over the next three years in order to resolve the Attorney General’s…
On October 14, 2016, the Indiana Attorney General’s Office (Indiana AG) announced that it had reached a settlement with an online payday lender. The Indiana AG alleged that the lender employed a “rent-a-tribe” scheme in which it allegedly associated itself with a Native American tribe in order to bypass the Indian Deceptive…
On October 11, the Consumer Financial Protection Bureau (CFPB) announced that it entered into a consent order with a national credit union over allegations that the credit union made false and misleading representations to consumers when attempting to collect on past due accounts. The credit union serves military members and their families. The…
Click here to check out the latest article from LenderLaw Watch – DC Court of Appeals Rules CFPB Director’s “For-Cause Only” Removal Unconstitutional; Reinforces Long-Standing RESPA Interpretation. The article analyzes yesterday’s decision by the United States Court of Appeals for the D.C. Circuit. LenderLaw Watch previously wrote about the PHH…
Today the United States Court of Appeals for the DC Circuit issued its long-awaited ruling in the PHH v. CFPB appeal (opinion here). LLW has written about the PHH case here and here before, and below are some quick takeaways from the court’s 110-page ruling for industry watchers: The court determined that…
On October 4, 2016, the Federal Trade Commission (FTC) announced that the U.S. District Court for the District of Nevada issued an order requiring that a racecar driver and several corporate defendants pay $1.3 billion in relation to a Kansas City-based payday lending scheme. The order also bans the individual…
On October 6, 2016, the Illinois Attorney General’s Office (“Illinois AG”) announced that it had reached a settlement with a small-dollar consumer lender for approximately $3.5 million, resolving allegations that the lender violated the Illinois Financial Services Development Act’s 36% interest rate cap. The Illinois AG accused the lender of…
On October 3, 2016, the United States Department of Justice (DOJ) announced that two Utah-based Direct Endorsement (DE) lenders agreed to pay $5 million and $4.25 million dollars to settle separate cases relating to their origination and underwriting of mortgage loans insured by the United States Department of Housing and Urban Development’s…
On September 29, the Office of Inspector General for the United States Department of Housing and Urban Development (HUD OIG) announced the termination of an investigation of a national mortgage lender relating to a purported mortgage fraud scheme. The U.S. Attorney’s Office for the District of New Jersey assisted in…
On September 29, 2016, the U.S. Department of Housing and Urban Development (HUD) and its Office of Inspector General (HUD OIG) announced a settlement with a mortgage lender relating to two audits of the lender’s Federal Housing Administration (FHA) insured loans. The audits allegedly determined that the lender underwrote FHA-insured loans with…
On September 29, the U.S. Department of Justice (DOJ) announced that it had secured a settlement from a national lender, resolving allegations that the lender violated the False Claims Act, Program Fraud Civil Remedies Act, and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 in its underwriting of Federal…
On September 29, the U.S. Department of Justice (DOJ) announced that it had entered into a consent order with a national bank over allegations that the bank had engaged in unlawful debt collection practices, in violation of the Servicemembers Civil Relief Act (SCRA). The SCRA extends additional protections from certain debt…
On September 29, the Federal Trade Commission (FTC) announced that it had filed a complaint in the U.S. District Court for the Central District of California against nine auto dealers for purportedly engaging in deceptive and unfair financing practices. The complaint alleges that these auto dealers targeted non-English speaking consumers…
On September 28, the U.S. Department of Justice (DOJ) announced that it had entered into a consent order with a bank to resolve allegations that the bank discriminated against Hispanic borrowers. The DOJ’s complaint, filed along with the consent order in the U.S. District Court for the Southern District of Texas,…