Auto Finance

CFPB and OCC Settle with National Bank for $1 Billion Over Auto and Mortgage Lending Practices

On April 20, 2018, the Consumer Financial Protection Bureau (CFPB)​ and Office of the Comptroller of the Currency (OCC) each announced settlements totaling $1 billion with a national bank resulting from a coordinated action between the two agencies. The OCC found that deficiencies in the bank’s enterprise-wide compliance risk management program…

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DOJ Settles Claims With Auto Finance Companies Over Repossessing Active Duty Servicemembers’ Vehicles

On September 27, the U.S. Department of Justice (“DOJ”) announced that it had entered into a $760,000 settlement​ with two affiliated auto finance companies stemming from allegations that the companies violated the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. § 3901, et seq., by failing to obtain court orders prior to repossessing vehicles owned…

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DOJ Obtains $907,000 Settlement for Auto Lender's Repossession of Active Duty Servicemembers' Vehicles

On September 18, 2017, the Department of Justice (“DOJ”) announced that it had entered into a $907,000 settlement with an auto loan lender and servicer (“Defendant”).  In its co​mplaint,​ filed the same day in the United States District Court for the Northern District of Texas, the DOJ alleged that the Defendant had…

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Massachusetts AG Obtains Judgment Against Online Auto Title Lender for Illegal Loans

On May 25, 2017, Massachusetts Attorney General Maura Healey (“Massachusetts AG”) announced​ a final judgment and permanent injunction entered​ in Suffolk Superior Court against an unlicensed ​online auto title lender, permanently banning the company from operating in Massachusetts and voiding over 200 loans made by the company to Massachusetts borrowers. The judgment also prohibits…

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CFPB Fines Auto Lender $1.25 Million for Violations of Consent Order

​On April 26, 2017, the Consumer Finance Protection Bureau (CFPB) announced that it reached a consent order with an Ohio-based auto lender that allegedly violated a prior CFPB consent order by failing to properly return $1 million in refunds and credits to its customers.  According to the CFPB, the auto lender specializes in auto loans to servicemem​bers.  Under…

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Massachusetts and Delaware AGs Announce $25 Million in Settlements with Subprime Auto Lender

On March 29, 2017, the Massachusetts and Delaware Attorney Generals (“AGs”) announced settlements with a national bank, resolving allegations that the bank originated unfair and usurious automobile loans in violation of Massachusetts and Delaware consumer protection law.  According to the AGs, the bank originated subprime loans to more than 2,000 Massachusetts and Delaware…

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Massachusetts Commissioner of Banks Enters Into Consent Order with Motor Vehicle Sales Finance Company

​On March 24, 2017, the Massachusetts Commissioner of Banks (“Commissioner”) entered into a consent order with a licensed motor vehicle sales finance company, agreeing to refrain from further violations of Massachusetts state law governing the conduct of motor vehicle sales financing.  The consent order came after the Commissioner examined the company and subsequently issued a…

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