CFPB Files Complaint Against Pension-Advance Lender

On September 13, 2018, the Consumer Financial Protection Bureau (“CFPB”) announced that it filed a complaint against a lender, its president, and related entities (“Defendants”) for allegedly making small-dollar loans in exchange for borrowers’ monthly pension payments, which the CFPB alleges is a violation of the Consumer Financial Protection Act, 12 U.S.C. § 5536(a)(1)(B).  The Complaint…

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CFPB Dismisses Administrative Proceedings Against PHH Corp.

On June 7, 2018, the Consumer Financial Protection Bureau (CFPB) issued an order dismissing administrative proceedings against PHH Corp.  The dismissal follows a January ​31, 2018 opinion by the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) reinstating the court’s prior interpretation of Section 8 of the Real Estate Settlement Procedures Act (RESPA).  ​​​According to the…

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Illinois Attorney General Alleges Pension Sales Violate State Lending Laws

On April 19, 2018, the Illinois Attorney General’s Office (“Illinois AG”) announced that it had filed a complaint against a Nevada-based company that claimed to “purchase” portions of consumers’ pension plans.  According to the complaint​, these transactions constituted predatory installment loans with excessive interests rates in violation of Illinois law.  The complaint alleges that the…

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DOJ Investigates FHA Loans Issued by Florida-Based Mortgage Subsidiary

On January 25, 2018, a Florida-based homebuilder filed its Form 10-K annual report with the Securities and Exchange Commission (SEC), disclosing that its “mortgage subsidiary has been subpoenaed by the United States Department of Justice (DOJ) regarding the adequacy of certain underwriting and quality control processes related to Federal Housing Administration (FHA)…

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Court Awards $10 Million Penalty Against Payday Lender, Rejecting CFPB’s Request for $280 Million in Restitution and Penalties

In August 2016, the U.S. District Court for the Central District of California granted partial summary judgment to the Consumer Financial Protection Bureau (CFPB) in a federal lawsuit against a California-based online payday lender, its individual owner, its subsidiary, and a servicer of its loans (“Defendants”), where the CFPB alleged that…

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CFPB Files Complaint Alleging Debt-Relief Providers Misrepresented Affiliation with U.S. Government

On October 12, 2017, the Consumer Financial Protection Bureau (CFPB) announced that it filed suit against two debt-relief companies and their owners, and a third company that processed payments for and provided other services in connection the debt-relief providers. The complaint alleges violations under the Consumer Financial Protection Act of…

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Virginia AG Settles With Unlicensed Pawnbroker Over Illegal Interest Rates & Fees

On June 30, 2017, the Attorney General for the Commonwealth of Virginia (Virginia AG) announced that it had entered into a proposed consent order to resolve an action filed in Richmond City Circuit Court against a Virginia-based pawn broker that allegedly assessed excessive fees, made motor-vehicle-secured loans without a title loan license, and charged illegal interest…

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