Goodwin’s Consumer Finance Insights (CFI) monitors, reports, and analyzes the latest legal news, activity, and developments impacting the consumer finance industry. Consumer financial services companies—whether banks, fintechs, nonbank and alternative lenders, payment providers, or industry vendors or service providers, like digital advertisers and lead generators—face a constantly shifting and maturing regulatory and legal landscape. Growing from the Financial Crisis, today more than any time in history the consumer finance industry must confront a robust and growing body of industry legislation and regulation, all while under the microscope of sophisticated enforcers, like the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and state regulators and attorneys general. It is critical for in-house and outside corporate counsel, compliance departments, and business executives to stay informed and aware of these developments to navigate institutional, reputational, and legal risks. Goodwin’s CFI is a singular source of the most recent industry news and latest enforcement activity for you to leverage. Here, you will find links to original enforcement documents, enforcement activity statistics, and reports, analysis, and commentary from Goodwin’s leading Consumer Financial Services Litigation and Enforcement practitioners.

National Bank Finalizes $1.2 Billion Settlement Relating to FHA Lending Program

On April 8, 2016​, the Department of Justice (DOJ) officially announced a $1.2 billion settlement with a national bank and one of its executives relating to the bank’s participation in the Federal Housing Administration (FHA) Direct Endorsement​ Lender Program.  As part of the settlement agreement, the bank acknowledged that between the period of May…

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New Challenge to the CFPB’s Constitutionality Teed Up For Argument

On November 6, 2015, State National Bank (SNB) filed a summary judgment motion in the United States District Court for the District of D.C., seeking a declaratory judgment holding that the CFPB is unconstitutional and invalidating the actions taken by Director Cordray during his 18-month recess appointment.  See State National…

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Washington AG Settles Lawsuits with Six Student Loan Adjustors for Alleged Deceptive Practices

On April 7, 2016, the Washington Attorney General (“AG”) announced settlements with six student loan adjustment companies which were alleged to have “preyed on students” by charging excessive fees. The Washington AG claimed that these firms violated Washington’s Debt Adjustment Act and Consumer Protection Act by overcharging 346 Washington students…

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CFPB Secures $50,000 Penalty for Student Loan Debt Relief Scam

On March 31, the Consumer Financial Protection Bureau (CFPB) announced that it entered a consent order with a student loan debt relief company, resolving allegations that the company violated the Consumer Financial Protection Act (CFPA); Telemarketing Sales Rule (TSR); and Regulation P, which implements the privacy notice requirements of the Gramm-Leach-Bliley Act…

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For-Profit Education Company Will Forgive $118,865 in Former Hawaii Student Loan Debt

On March 23, the Hawaii Attorney General (AG) announced that a consent judgment had been entered in Hawaii state court between a group of state attorneys general and a for-profit education company, under which the company will forgive approximately $118,865 in student loans for former Hawaii students. As previously covered by Enforcement Watch,…

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California AG Files Mortgage-Backed Securities Suit Against Investment Bank

On April 1, 2016, the California Attorney General announced that it filed suit against a prominent investment bank for alleged “misrepresentations about complex investments such as residential mortgage-backed securities, in which large pools of home loans were packaged together and sold to investors.”  The eight-count complaint, which was filed in…

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FTC and Illinois AG Secure Temporary Restraining Order Against Companies' Deceptive Payday Loan Collection Practices

FTC

​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…

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Ohio Attorney General Files Lawsuit Against Attorney for Failing to Provide Loan Modification Services

​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…

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Massachusetts AG Announces Defrauded Student Borrowers Are Eligible for Debt Relief

​On March 28, the Massachusetts Attorney General (“AG”), together with the U.S. Secretary of Education, announced that more than 2,000 students who were allegedly defrauded​ by a national for-profit college are eligible to have their federal loans forgiven. In November 2015, the AG had submitted an application to the U.S. Department of Education…

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West Virginia Attorney General Secures $20 Million Settlement Against Debt Collector

​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…

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Policy Analysts Propose Merger of Freddie Mac and Fannie Mae

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”…

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Massachusetts Attorney General Has Now Recovered More Than $12 Million In Connection With Its Subprime Auto Lending Investigation

This time last year, LLW reported on the Department of Justice going after subprime auto lenders, and more recently we have reported on the CFPB’s targeting of subprime auto lenders.  But Massachusetts has also gotten in on the regulatory action.  On March 16, 2016, the Massachusetts Attorney General’s Office (MAG) announced that American Credit…

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CFPB Settles Illegal Fees Allegations with Student Debt Relief Company

On March 15, 2016, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order and settlement with a national student debt relief company over allegations that the company charged illegal and excessive fees. According to the Complaint, the company operated online student debt management websites that offered services related to…

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Massachusetts AG Announces Settlement With Auto Lender Over Alleged Usurious Interest Rates

​On March 16, 2016, the Massachusetts Attorney General’s Office announced that two financial services companies specializing in auto loans agreed to pay a total of $7.4 million in restitution to Massachusetts consumers over allegations the companies charged excessive interest rates on auto loans. According to the Massachusetts AG, the companies purchased loans from primary creditors…

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