The Missouri Attorney General Office announced that it reached an agreement with eight online payday loan operations that will force them to shut down operations in the state. The lenders operated from a Native American reservation in South Dakota, and sold short-term loans with high, illegal fees in violation of…
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…
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…
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…
On February 25, 2015, a state bank entered into a consent order with the FDIC, relating to allegations that the bank had violated section 102(f)(4) of the Flood Disaster Protection Act of 1973, 42 U.S.C. § 4012a(f)(4), and the FDIC Rules and Regulations promulgated thereunder, by failing to notify borrowers…
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…
On February 25, 2015, a national lender and securitizer of automobile loans disclosed in a SEC Filing that the Department of Justice (“DOJ”) issued a subpoena to the lender in January 2015 regarding its origination and securitization of subprime auto loans. The lender disclosed that the DOJ may initiate civil…
On April 28, 2014, the Supreme Court granted certiorari to decide whether, as held by the Eight Circuit, a borrower must file a lawsuit to exercise and preserve her TILA rescission right within three years of consummating the loan, or whether simply providing written notice of rescission is sufficient to…
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…
On February 24, 2015, a national bank disclosed in an SEC filing that the Department of Justice (“DOJ”), Department of the Treasury, U.S. Attorney’s Office for the District of New Jersey, and New York district attorney’s office issued subpoenas to the bank in early 2015 related to the bank’s subprime…
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…
On February 12, 2015, the CFPB announced that it had entered a consent order with a California-based mortgage lender and broker to resolve allegations that the lender allegedly sent deceptive mailings signifying an FHA and VA affiliation in violation of Regulation N and the Consumer Financial Protection Act. The lender…
On February 12, 2015, the CFPB announced that it had entered into a consent order with a Utah-based mortgage broker and lender to resolve allegations that the lender sent deceptive mailings to VA homeowners in violation of Regulation N and the Consumer Financial Protection Act. The lender allegedly sent mailings…
On February 12, 2015, the CFPB announced that it had filed a complaint in the U.S. District Court for the District of Maryland alleging that a Maryland-based reverse mortgage lender and broker disseminated deceptive and misleading advertisements for mortgage credit products, thereby violating the Mortgage Acts and Practice Rule, 12…
The DOJ announced a settlement of the first “buy here, pay here” discriminatory auto-lending lawsuit. The complaint, filed in January, 2014 by the DOJ, the U.S. Attorney’s Office for the Western District of North Carolina and the North Carolina Attorney General in the U.S. District Court for the Western District…
On February 10, 2015, the CFPB announced that it had entered a consent order with a Maryland-based nonbank mortgage lender to resolve allegations that the lender had engaged in deceptive advertising and an illegal kickback scheme. The CFPB alleged that the lender advertised VA mortgage products to veterans, claiming that…
On February 5, 2015, the New York Department of Financial Services (“NYDFS”) announced a settlement with a national bank over allegations that the bank improperly secured its retail credit card with an interest in the borrower’s home, and that certain mortgage loan files contained falsified or altered income documents. Under the…
On February 5, 2015, the California Department of Business Oversight announced that it reached a settlement with a payday lending company over allegations that the company used deceptive sales pitches to market payday loans in violation of the California Lenders Law. The company purportedly structured loans in a way that…
On February 5, 2015, the Colorado Attorney General announced that the Colorado Supreme Court affirmed a temporary injunction order that bars a debt settlement company from continuing operations in the State of Colorado. The State’s motion successfully barred the company from engaging in the unauthorized practice of law in connection…
The Consumer Financial Protection Bureau (CFPB) recently announced that it had reached an agreement to give students of Corinthian College, Inc. at least $480 million in principal reductions on existing student debt. Former and current students will receive an immediate 40% reduction on existing principal balances of their loans with…