Archive for January, 2022

FTC Announces Settlement With Remaining Defendants in Student Loan Debt Relief Action

FTC

On January 26, 2022, the Federal Trade Commission (FTC) announced that it resolved claims against the remaining defendants in an action concerning student loan debt relief products and services that commenced in 2019.  As we ​​previously reported​, the FTC filed a complaint ​against a collection of interrelated companies in November 2019, alleging that they used fraudulent…

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Massachusetts Court Holds Notice of TCPA Exclusions Sufficient to Avoid TCPA Violation

On January 7, 2022, the Massachusetts Appeals Court issued a decision concerning whether two insurance companies provided sufficient and timely notice to its Insured regarding the exclusion of coverage for Telephone Consumer Protection Act (TCPA) violations.  In Addison Automatics, Inc. v. The Netherlands Insurance Co., Case No. 20-P-225, the Appeals…

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CFPB Settles With Chicago-Based Payment Processer Over Services Provided to Telemarketers

On January 18, the Consumer Financial Protection Bureau (CFPB) announced that it had agreed to a settlement with a payment processing company, resolving allegations that the company assisted third parties in profiting from fraudulent services and products.  The proposed stipulated judgment, if entered by the court, will resolve allegations that the company was processing…

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Student Loan Servicer Reaches $8 Million Agreement with DOJ to Resolve False Claims Allegations

On January 14, ​2022, the Department of Justice (DOJ) ​anno​un​ced​ that it reached an agreement ​with a student loan servicer that had serviced loans under the Federal Family Education Loan (FFEL) Program.  The agreement resolves allegations that the loan servicer submitted false claims to the Department of Education (DOE) in violation of the False Claims Act (FCA)​….

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39 State Attorneys General Reach $1.85 Billion Settlement With Student Loan Servicer

On January 13, thirty-nine state Attorneys General announced that they had reached a settlement with a national student loan servicer.  The settlement resolves allegations that, since 2009, the servicer had been steering borrowers into higher-cost, longer-term forbearance arrangements.  The Attorneys General alleged the practices increased borrower loan balances and violated various provisions of each state’s laws. …

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Second Circuit Disagrees With Third Circuit TCPA Ruling Regarding Unsolicited Advertisements

On January 6, 2021, the Second Circuit issued an order criticizing and declining to adopt a Third Circuit ruling regarding the scope of the term “unsolicited advertisement” under the Telephone Consumer Protection Act (TCPA).  In Katz v. Focus Forward, LLC, No. 21-1224-cv, the Second Circuit affirmed the judgment of the…

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CFPB Files Complaint Against New York-Based Debt Collectors

​On January 10, the Consumer Financial Protection Bureau (CFPB) announced that it filed a complaint​ against three New York-based debt collection companies and their owners.  The CFPB alleged the companies sold debts to collection companies that used unlawful collection tactics. Specifically, the CFPB alleged the companies knew or should have known that the…

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