Archive for February, 2019

FTC Finalizes Consent Order Against Online Student Loan Refinancer

On February 25, 2019, the Federal Trade Commission (FTC) announced that, after a public comment period, it approved a final consent order that had been negotiated in October of 2018 with an online student loan refinancer. The FTC had charged the company with misrepresenting how much student loan borrowers could save if they refinanced their loans through the company’s television, print,…

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CFPB Releases Notice for Comment on Proposal to Delay Compliance with 2017 Final Payday Rule

On February 6, 2019, the Consumer Financial Protection Bureau (CFPB or Bureau) released a proposed rescission of the 2017 “Payday, Vehicle Title, and Certain High-Cost Installment Loans” final rule (Payday Rule), along with a “Payday, Vehicle Title, and Certain High-Cost Installment Loans; Delay of Compliance Date” (Delay of Compliance) notice.  The Payday…

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US Attorney Reaches $3.67 Million False Claims Act Settlement with California-Based Mortgage Company Concerning FHA Loans

On February 13, 2019, the U.S. Attorney for the Eastern District of California announced an agreement with a California-based mortgage company to resolve alleged violations of the False Claims Act (FCA). The U.S. Attorney’s Office alleges that between April 2007 and June 2009, the mortgage company underwrote and originated 16 loans…

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Supreme Court Issues Decision on Federal Arbitration Act

On January 15, 2019, the Supreme Court issued an important decision regarding the enforceability of certain arbitration agreements under the Federal Arbitration Act (FAA).  In New Prime Inc. v. Oliveira, No. 17-340, the Supreme Court unanimously held that courts should determine whether a contract falls within the “contracts of employment”…

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Southern District of California Dismisses TCPA Case For Failure to Plead ATDS Element

On January 16, 2019, the Southern District of California dismissed a Telephone Consumer Protection Act (TCPA) claim against Lyft because the plaintiff failed to support the automatic telephone dialing system (ATDS) element of his claim.  Like many similar TCPA plaintiffs, the plaintiff in Bodie v. Lyft, No. 3:16-cv-02558-L-NLS (S.D. Cal.) sought…

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