Archive for September, 2019

CFPB Agrees that For-Cause Removal Single Director Status is Unconstitutional

As we previously reported, Selia Law LLC (Selia) filed a petition for writ of certiorari with the U.S. Supreme Court on June 28, 2019, appealing the Ninth Circuit’s ruling upholding the constitutionality of the Consumer Financial Protection Bureau’s (CFPB) single directorship.  On September 17, 2019, the CFPB filed its responding…

Read More

CFPB Files Suit Against Debt Collector for FCRA Violations

​On September 25, the Consumer Financial Protection Bureau (CFPB) filed suit in the U.S. District Court for the District of Maryland against a Maryland-based debt collector, its subsidiaries, and its CEO.  According to the CFPB, the companies operated the largest debt-collection company in the multi-unit housing industry, collecting debt on…

Read More

California AG Files Suit Against Auto Dealership Over Allegedly Fraudulent Conduct

​On September 23, the California Attorney General’s Office (AG) announced that it had filed a complaint against a network of auto dealerships and its chief executive, alleging that they targeted low-income consumers with subprime credit using false advertising promising fictitiously low interest rates; made false statements on credit applications to…

Read More

Seventh Circuit Imposes Strict Requirements for FDCPA Validation Notices Delivered Via Email

On August 8, 2019, the Seventh Circuit, in Lavallee v. Med-1 Solutions, LLC, 932 F.3d 1049 (7th Cir. 2019), ruled that emails to consumers from debt collectors containing hyperlinks to information regarding debt, including validation notices, are not “communications” under the Fair Debt Collection Practices Act (FDCPA).  Therefore, the court…

Read More

CFPB Announces $236,000 Settlement With Illinois Debt Collector

On August 28, 2019, the Consumer Financial Protection Bureau (CFPB) announ​ced a settlement with an Illinois-based debt collection company, resolving allegations that the company engaged in deceptive practices in violation of the Consumer Financial Protection Act (CFPA), 12 U.S.C. §§ 5531 and 5536, and the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C….

Read More

FTC Announces $30 Million Settlement With Operator of For-Profit Post-Secondary Schools

FTC

On August 27, 2019, the Federal Trade Commission (FTC) announced it had reached a $30 million settlement with an Illinois-based operator of for-profit post-secondary schools and related subsidiaries resolving allegations that the company used lead generators who engaged in deceptive conduct to market its schools in violation of Section 5(a) of the Federal Trade…

Read More