A settlement between the New York Department of Financial Services and automotive lender Condor Capital Corp., as well as Condor’s owner, Stephen Barron, was approved this week by the United States District Court for the Southern District of New York.  The settlement will result in total payments to the State and consumers of up to $12 million by Condor.

In the lawsuit, Lawsky v. Condor Capital Corp., Case No. 1:14-cv-02863, the Department of Financial Services alleged that Condor Capital had hidden customers’ positive credit balances and had paid refunds only to customers who overpaid and had requested the refunds.  The Department also alleged that Condor had not properly secured customers’ personal information.

The settlement requires Condor and its owner to pay back, with interest, customers who were harmed, and also includes a $3 million penalty.  Under the settlement, Condor will eventually sell off its loans and relinquish its business licenses throughout the United States.

The Condor Capital case is particularly notable given that it represents the first time a state regulator used powers granted to it under the federal Section 1042 of the Dodd-Frank Wall Street Reform and Consumer Protection Act to bring an action in federal court.  Financial institutions should view this case as part of a new wave of state regulatory enforcement action that will likely be seen with increasing frequency in 2015 and beyond.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Chad R. Fuller Chad R. Fuller

Chad is a partner in the firm’s Consumer Financial Services practice with a primary focus in financial services litigation. He is an accomplished trial attorney who has served as lead counsel in state and federal courts across the country in which he represents…

Chad is a partner in the firm’s Consumer Financial Services practice with a primary focus in financial services litigation. He is an accomplished trial attorney who has served as lead counsel in state and federal courts across the country in which he represents clients in consumer class actions and general business litigation. Chad has particular speciality with the Telephone Consumer Protection Act, and has also broadened his practice into more traditional areas of health care litigation.

Photo of Paige Fitzgerald Paige Fitzgerald

Paige regularly advises financial services clients in navigating complex federal and state laws in an array of fields, including mortgage lending and servicing, consumer lending, auto finance, and tobacco. As a 10-year veteran of the Virginia Attorney General’s office, she also uses her

Paige regularly advises financial services clients in navigating complex federal and state laws in an array of fields, including mortgage lending and servicing, consumer lending, auto finance, and tobacco. As a 10-year veteran of the Virginia Attorney General’s office, she also uses her regulatory expertise to counsel clients in the health care industry, with an emphasis on Medicaid reimbursement and compliance.

Photo of Stephen C. Piepgrass Stephen C. Piepgrass

Stephen leads the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He focuses his practice on enforcement actions, investigations, and litigation. Stephen primarily represents clients engaging with, or being investigated by, state attorneys general and other state or local governmental enforcement bodies,

Stephen leads the firm’s Regulatory Investigations, Strategy + Enforcement (RISE) Practice Group. He focuses his practice on enforcement actions, investigations, and litigation. Stephen primarily represents clients engaging with, or being investigated by, state attorneys general and other state or local governmental enforcement bodies, including the CFPB and FTC, as well as clients involved with litigation, with a particular focus on heavily regulated industries. He also has experience advising clients on data and privacy issues, including handling complex investigations into data incidents by state attorneys general other state and federal regulators. Additionally, Stephen provides strategic counsel to Troutman Pepper’s Strategies clients who need assistance with public policy, advocacy, and government relations strategies.