On June 21, 2016, the North Carolina Attorney General announced that two online fast cash lenders have agreed to pay more than $9 million in refunds for allegedly illegal loans issued to North Carolina consumers. The settlement stems from a December 2013 complaint alleging that the lenders violated North Carolina usury…
On May 18, 2016, the Consumer Financial Protection Bureau (CFPB) announced its Spring 2016 Rulemaking Agenda, setting forth its current initiatives. In its latest installment of the semi-annual update, the Bureau highlighted its recent (or imminent) activity in several high-profile areas, including arbitration and payday lending. Below are highlights of…
Earlier this month, the Consumer Financial Protection Bureau (CFPB) issued a report analyzing consumer usage and default patterns for certain single-payment vehicle title loans (the “Report”). Vehicle title loans are loans issued to borrowers by non-depository lenders in exchange for a security interest in their vehicles. A unique aspect of vehicle…
In an opinion issued May 24th in two consolidated cases, a federal appellate panel for the Eleventh Circuit could not find an “irreconcilable conflict” between the Bankruptcy Code and the Fair Debt Collections Practices Act (“FDCPA”) as determined by the district court in a putative class action brought by bankruptcy debtors…
On May 9, the Federal Trade Commission (FTC) announced that it had entered into a consent order with a Texas-based debt collector, stemming from allegations that the debt collector had violated the Federal Trade Commission Act (FTCA), Fair Credit Reporting Act (FCRA), and the Duties of Furnishers of Information to Consumer…
On April 25, 2016, the Consumer Financial Protection Bureau (CFPB) announced it entered into two settlements, available here and here, with a law firm and a financial services company over allegations the entities filed debt collection lawsuits without properly verifying the underlying debt obligations, in violation of the Consumer Financial Protection Act…
On March 30, the Federal Trade Commission (FTC) announced that the Northern District of Illinois granted the FTC and Illinois Attorney General’s request for a temporary restraining order against an Illinois payday loan collection operation. The FTC and AG alleged the payday loan collector was in violation of the FTC Act, Fair Debt Collection…
On March 29, the Ohio Attorney General (“AG”) announced a lawsuit filed in Ohio state court against a Pennsylvania-based attorney, for alleged violations of Ohio’s Consumer Sales Practices Act and Debt Adjuster’s Act. According to the complaint, the attorney contacted Ohio consumers, offering loan modification services. He allegedly represented to consumers that…
On March 21, the West Virginia Attorney General’s office announced that it had settled allegations against a debt collector over alleged violations of the West Virginia Collection Agency Act, W. Va. Code §§ 47-16-1 (“Collection Agency Act”) and the West Virginia Consumer Credit and Protection Act, W. Va. Code §§ 46A-1-101 (“WVCCPA”). The…
In a March 23, 2016 proposal titled “A More Promising Road to GSE Reform“, several prominent policy commentators recently outlined their suggested plan for reforming the Federal Home Loan Mortgage Corporation (Freddie Mac) and the Federal National Mortgage Association (Fannie Mae), which—according to these analysts—are “two enormously important yet flawed institutions”…
On February 12, 2016, the Federal Trade Commission (FTC) issued a report to the Consumer Financial Protection Bureau regarding its efforts to implement the Fair Debt Collection Practices Act. The full report can be reviewed here. According to the report, in 2015, the Commission: coordinated the first federal-state-local enforcement initiative targeting deceptive…
On February 25, the West Virginia Attorney General’s office announced that it had reached a settlement with an Ohio payday lender, resolving allegations that the payday lender had engaged in debt collection activities that “may violate” provisions of the West Virginia Consumer Credit and Protection Act (WVCCPA), W. Va. Code § 46A-…
On February 23, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with a national bank, resolving allegations that the bank inaccurately reported interest rate information on credit card debts sold to debt purchasers, failed to remit payments made by consumers to debt purchasers,…
On February 23, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into consent orders with a national bank, two of its affiliates, and two debt collection law firms over allegations that the debt collection law firms altered affidavits filed in New Jersey courts. The consent orders allege that…
On January 28, 2016, the Consumer Financial Protection Bureau (CFPB) published its monthly consumer complaint snapshot, identifying the most recent trends in consumer complaints about various financial products and services. CFPB Monthly Complaint Rep., Jan. 2016, at 1. The report analyzes trends by complaint volume by product, state, and company. Id. at 3-10….
Update: The AG announced on January 26, 2016 that court granted the preliminary injunction against the company. The AG also warned that if the company continues to ignore the lawsuit, he will seek a default judgment that would effectively cancel the loans issued by the company. On January 14, the Michigan Attorney…
Late last year, the Federal Trade Commission (FTC) revealed an ongoing nationwide enforcement initiative targeting debt collectors, called Operation Protection Collection. The initiative is the first of its kind coordinated crackdown by state and federal enforcers targeting abusive and deceptive debt collection practices. According to statements by the FTC, the…
Often overlooked by lenders and servicers, sometimes striking a deal with the Chapter 7 Trustee in bankruptcy court, is the more prudent and cost effective approach to resolving frivolous lawsuits filed by defaulting borrowers in state court. In Brumfiel v. Lewis, Chapter 7 Trustee, et al. (In re Lisa Kay…
On January 8, 2016, the Federal Trade Commission (“FTC”) and the Attorney General for the State of Florida (“Florida AG”) announced charges against a payment processing business relating to an alleged nationwide debt relief telemarketing scam. The amended complaint was filed on December 21, 2015 in the United States District Court for the Middle District…
On January 7, 2016, the Federal Trade Commission (“FTC”) and its law enforcement partners announced four separate actions against various debt collectors. The FTC stated that the actions were part of a continuing nationwide crackdown referred to as “Operation Collection Protection,” which is designed to target debt collectors using illegal tactics. The FTC claims the debt…