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.

Credit Reporting Agencies Agree to Overhaul of Credit Reporting Processes in Settlement with New York A.G.

On March 9, 2015, the New York Attorney General announced a settlement with three national credit reporting agencies. The companies allegedly failed to maintain proper procedures for ensuring the accuracy of consumer credit information in violation of the Fair Credit Reporting Act. According to one study, allegedly 26% of consumers…

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"Lead Generation" Payday Lender Settles Claim for $2.1 Million and Agrees to Cease Operations

On March 9, 2015, the New York Department of Financial Services (“NYDFS”) announced that it entered a consent order with a “lead generation” payday lender where the lender agreed to pay a $2.1 million penalty, provide new warnings to consumers, and cease operations in the state.   Payday lending is illegal in New York. “Lead…

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Arizona AG Brings Suit against Foreclosure Consulting Company for Violation of State Consumer Fraud Act

The Arizona Attorney General announced that it filed suit against a foreclosure consulting company, alleging that the company violated the Arizona Consumer Fraud Act. The complaint claims that the company and its owners made material misrepresentations to its consumers, failed to disclose material information, failed to provide services for which…

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U.S. Woos Businesses With New Cyber Security Intelligence Division

As the cyber security threat to the U.S. economy and national security has grown, U.S. states and businesses have taken increasing steps to prevent potential hacks from invading user privacy and U.S. intelligence activities.  Most recently, New York’s attorney general, proposed new rules to help safeguard consumer privacy and provide businesses with incentives…

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National Bank Settles Claims with DOJ Related to Robo-Signing and Other Improper Practices in Bankruptcy Cases for $50 Million

On March 3, 2015, the Department of Justice (“DOJ”) announced a settlement with a national bank over allegations that the bank signed payment change notices in bankruptcy court without reviewing the accuracy of the documents and submitted inaccurate escrow statements. The U.S. Trustee initiated the investigation after the bank allegedly…

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Mortgage Lender Subject to Fees and Injunctive Relief Following State Examination

On February 27, 2015, the Massachusetts Division of Banks and the mortgage lender agreed to a consent order following an examination into a mortgage lender’s level of compliance with applicable Massachusetts and federal statutes. The Massachusetts Division of Banks’ examination found that the bank was in substantial non-compliance with state…

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National Bank Agrees to Pay $123.5 million As Part of a Settlement with the Justice Department Over Mortgage Lending Violations

On February 25, 2015, the Department of Justice (“DOJ”) announced a settlement with a national bank over allegations that the bank originated and underwrote mortgage loans that did not meet applicable Department of Housing and Urban Development’s (“HUD”) requirements under the Federal Housing Administration (“FHA”) insurance program. The settlement covers…

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Justice Department Reaches Settlement with a National Motor Vehicle Lender Over Repossessions That Violated the Servicemembers Relief Act

On February 25, 2015, the Department of Justice (“DOJ”) announced a settlement with a national motor vehicle lender over allegations that the company repossessed over 1,1000 cars in violation of the Servicemembers Civil Relief Act, 50 U.S.C. Sections 501-597b. A consent order was filed in the U.S. District Court for…

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CFPB Receiving Plenty of Advice on Proposed Regulation of Payday Lending

State and federal regulation of payday lenders is far from a new phenomenon.  Recently, litigation against entities using the “tribal lending” model, and government attempts to suppress certain online lending programs via Operation Chokepoint have put the spotlight back on industry.  In past articles, we have noted that the Consumer Financial…

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