An amendment to the West Virginia Consumer Credit and Protection Act takes effect this week that will regulate and impose restrictions on “litigation financiers.” The new amendment, found in Sections 46A-6N-1 through 8 (“Article 6N”), adds an article to the current Act, which is one of the primary statutes that governs consumer transactions in West
Betsy Sochar
CFPB Settles With Student Loan Servicer Over Poor Accounting
The Bureau of Consumer Financial Protection (“CFPB”) and Conduent Education Services, LLC (“CES”), a student loan servicing company formerly operating as ACS Education Services, reached a $3.9 million deal for the company’s alleged failure to provide accurate balances on more than 200,000 student loans.
The CFPB found that CES engaged in unfair practices that violated …
FTC Commissioner Says Federal Privacy Laws Should Preempt State Laws
Federal Trade Commissioner Christine Wilson said that federal privacy laws should preempt state privacy laws that have been unworkable for businesses. While Congress considers drafting a federal online privacy law, all five commissioners have supported new rulemaking and enforcement authority.
At an American Enterprise Institute event in Washington, Wilson pointed to California’s new privacy law …
Senators Fight to Protect Jobs for Workers Struggling with Student Loans
On February 28, Senators Elizabeth Warren (D-Mass.) and Marco Rubio (R-Fla.) re-introduced the Protecting Job Opportunities for Borrowers (“Protecting JOBs”) Act (S.609). The legislation would prevent states from suspending, revoking, or denying state professional, teaching, or driver’s licenses solely because a borrower falls behind on their federal student loan payments.
Government entities may seize state-issued…
Bankruptcy Court Orders Fraudster to Face the Music at FTC’s Request
A federal bankruptcy court for the Southern District of Florida has ruled that the owner of a computer-financing scheme cannot hide behind a bankruptcy filing to shield himself from complying with a contempt order that required him to pay $13.4 million for violating an FTC order.
Joseph K. Rensin founded BlueHippo Funding, LLC and its…
$11 Million Settlement Heads to Credit Card Company Shareholders for Botched IPO
After a botched $172.5 million initial public offering, CPI Card Group Inc. shareholders will receive an $11 million cash settlement, according to a proposed settlement reached on December 31. The shareholders alleged that CPI oversold its chip-enabled credit cards ahead of its IPO.
The shareholders claimed that CPI shipped more than 100 million extra …
FTC Solicits Comments on Red Flags Rule and Card Issuers Rule
On December 4, the Federal Trade Commission announced that it is seeking comment on whether the agency should make changes to rules requiring that financial institutions and creditors take certain steps to detect signs of identity theft that may affect their customers.
In a press release, the FTC stated that as part of its…
Court Slashes Plaintiff’s Award of Attorneys’ Fees Due to Defendant’s Substantial Settlement Offer Made Prior to Trial
In Cooper v. Retrieval-Masters Creditors Bureau, Inc., 16 C2827, —F. Supp. 3d—, 2018 WL 2299203 (N.D. Ill. May 21, 2018), appeal filed (7th Cir. June 20, 2018), available here, plaintiff Jack Wesley Cooper alleged violations of the Fair Debt Collection Protection Act (“FDCPA”), seeking statutory and actual damages and attorneys’ fees.
At a…