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…
On December 28, 2015, the Consumer Financial Protection Bureau (CFPB) announced that it entered into a consent order with a Georgia-based law firm over allegations that the law firm used improper and abusive debt collection tactics in violation of the Fair Debt Collection Practices Act (FDCPA) and the Consumer Financial Protection Act (CFPA). The…
On December 16, 2015, the CFPB announced a consent order and settlement with a small-dollar lender concerning its debt collection practices in 15 states. According to the consent order, the lender’s unlawful conduct allegedly included: in-person collection visits at consumers’ homes and workplaces and phone calls to supervisors, landlords, and…
On December 7, the Consumer Financial Protection Bureau (CFPB) announced that it had entered into a consent order with a state debt collector over allegations that the debt collector, which collected telecommunications debt, reported inaccurate information to credit-reporting agencies and collected and reported debt that consumers disputed and that it could not…
On November 24, the Massachusetts Attorney General’s Office (“AG’s Office”) announced that it has reached two separate settlement agreements with student debt relief companies. The two companies agreed to assurances of discontinuance and agreed to pay $56,000 and $40,000 respectively relating to allegations of charging illegal upfront fees prior to delivering full…
On November 20, 2015, the CFPB published its current rulemaking agenda. Under the Dodd-Frank Wall Street Reform Act, the CFPB drafts and implements new regulations governing certain consumer finance products and services. The CFPB publishes its regulatory agenda twice a year, which summarizes the proposed regulations (or “rules”) the Bureau is…
On October 27, 2015, the United States Attorney’s Office for the Southern District of New York announced the indictment of fifteen individuals in connection with a nationwide debt collection operation. The Defendants operated a large debt collection company that allegedly collected debts from consumers who had defaulted on payday loans…
On November 4, 2015, the Ohio Attorney General announced that it had filed a civil enforcement action against a regional debt collection company. The lawsuit is part of an ongoing partnership with the Federal Trade Commission (FTC) and other federal agencies to investigate abusive debt collection practices. Enforcement Watch previously…
On November 4, 2015, the Washington Attorney General announced five enforcement actions against debt collection companies. The enforcement actions are part of an ongoing partnership with the Federal Trade Commission (FTC) and other federal agencies to investigate abusive debt collection practices. Enforcement Watch previously reported on the FTC partnership, named…
On November 4, 2015, the Federal Trade Commission (FTC) announced a new enforcement initiative targeting debt collection companies. The initiative, which is known as “Operation Collection Protection,” involves partnerships with state authorities to investigate debt collectors and prosecute civil and criminal enforcement actions against debt collection companies engaged in illegal…
On November 3, 2015, the Consumer Financial Protection Bureau (CFPB) released its Supervisory Highlights report detailing the Bureau’s supervision efforts for May through August of 2015. The report summarizes the violations of consumer protection laws the Bureau observed during the four-month period and identifies the areas in which the Bureau has…
On November 2, 2015, the California Attorney General’s Office announced that it had entered into a $100 million stipulated judgment with a national bank over allegations that the bank engaged in abusive debt collection practices, in violation of California’s Fair Debt Collection Practices Act. The allegations relate to the bank’s…
On October 28, 2015, the Consumer Financial Protection Bureau (CFPB) announced that it entered an administrative consent order against an Ohio-based auto lender that specializes in loans to military servicemembers. The CFPB consent order, and the companion stipulated order issued by the U.S. District Court for the Southern District of Ohio, resolve…
On October 5, 2015, the Federal Trade Commission (FTC) announced that it reached a settlement with defendants who allegedly operated a debt scamming business by promising consumers debt relief services that they did not deliver. Defendants allegedly disseminated false and misleading information regarding their services through telemarketing, internet ads, and other media. After…
On October 1, 2015, the CFPB announced an enforcement action and consent order with an indirect auto lender for illegal debt collection and other practices. It is alleged that the company’s actions violated the Fair Debt Collection Practices Act, the Truth in Lending Act, and the Dodd-Frank Act. The illegal…
On September 16, the Federal Trade Commission (FTC) announced that it had entered a stipulated order with a debt collection services provider over allegations that the debt collector violated the Federal Trade Commission Act and Fair Debt Collection Practices Act by misrepresenting to payday loan recipients that they were delinquent on their debts, collected millions…
On September 9, the Consumer Financial Protection Bureau (CFPB) announced that it entered into consent orders with two large debt purchasers for alleged violations of the Fair Debt Collection Practices Act, Consumer Financial Protection Act, and Fair Credit Reporting Act. CFPB alleged that the companies purchased debts that they knew or…
On September 9, the District of Columbia Attorney General announced that it filed a complaint in D.C. Superior Court against a debt-purchasing company, its wholly-owned subsidiary, and their principal, for violations of the District’s debt collection and usury laws. The complaint alleges that the company purchased loans from a company that has since gone out…