On November 4, 2015, the Federal Trade Commission (FTC), 47 State Attorneys General, and other state and local law enforcement authorities from around the country announced the first coordinated federal-state enforcement initiative targeting deceptive and abusive debt collection practices. The initiative, named Operation Collection Protection, aims to crackdown on collectors who use illegal tactics
Keith J. Barnett
Keith’s experience representing clients in the financial services industry as a litigation, compliance, regulatory, investigations (internal and regulatory), and enforcement attorney spans 20 years. Keith represents clients against government regulators (CFPB, FTC, SEC, CFTC), industry regulators (FINRA), and private litigants in federal courts, state courts, and before arbitration and administrative law panels in the financial services industry.
CFPB Imposes $13 Million FCRA Consent Order on Large Consumer Reporting Agencies Due to Employment Background Check Practices
On October 29, 2015, the Consumer Financial Protection Bureau (“CFPB”) announced the settlement of an enforcement action against two affiliated consumer reporting agencies under the Fair Credit Reporting Act (“FCRA”) based on these companies’ employment background screening practices. The consent order requires these background screeners to pay a total of $13 million in penalties and …
CFPB Orders Another Auto Lender to Pay $3.28 Million to Settle Claims for Illegal Debt Collection Involving Service Members
On October 28, the Consumer Financial Protection Bureau filed an administrative consent order against Security National Automotive Acceptance Company (“SNAAC”), an Ohio auto lender specializing in loans to service members, for engaging in illegal debt collection practices. The order requires the company to refund or credit about $2.28 million to service members and other consumers…
CFPB Files Lawsuit Against Nationwide Student Financial Aid Scam and Continues Crackdown on Student Financial Aid Industry
On October 29, the Consumer Financial Protection Bureau filed a complaint in the Southern District of California against Global Financial Support, Inc. and its owner and CEO, Armond Aria, for allegedly engaging in a nationwide student financial aid scam.
The Bureau claims that Defendants violated the UDAAP provisions of the Consumer Financial Protection Act when …
Protecting the Attorney-Client Privilege: Companies Sue CFPB For Not Allowing Them to Attend Their Former Counsel’s Investigatory Testimony
In July 2015, several companies that were the targets of non-public Consumer Financial Protection Bureau investigations sued the Bureau after it refused to allow their current counsel to attend the Bureau’s investigative testimony of one of the companies’ former attorneys. The companies wanted one of their current attorneys to attend the testimony and assert the …
CFPB Holding Consumer Advisory Board Meeting in October; Topics Will Include Arbitration
The Consumer Financial Protection Bureau announced that it will hold a meeting of the Consumer Advisory Board with Director Richard Cordray discussing topics such as arbitration, trends, and themes in the marketplace, and reaching limited English-speaking consumers.
The meeting will take place on Thursday, October 22, from 10:00 a.m. until 3:30 p.m. EDT in the …
The CFPB Cracks Down on Another Auto Lender for UDAAP
On October 1, 2015, the Consumer Financial Protection Bureau entered into a consent order with an indirect finance company, Westlake Services, LLC, and its auto title lending subsidiary, Wilshire Consumer Credit, LLC (collectively, “Respondents”). Westlake specializes in purchasing and servicing subprime and near-subprime auto loans. Wilshire extends auto title loans directly to consumers. Respondents agreed…
House Financial Services Committee to Vote This Week on Bills to Reform the CFPB
The House Financial Services Committee is expected to vote Wednesday on bills to replace the Consumer Financial Protection Bureau’s sole director with a bipartisan, five-member commission (H.R. 1266) and require Senate confirmation for the CFPB’s inspector general (H.R. 957).
As we discussed here, The Financial Product Safety Commission Act (H.R. 1266), introduced on March…
CFPB Director Cordray to Present Latest Semi-Annual Report to Congress on September 29
At 10:00 a.m. EDT on September 29, Richard Cordray, Director of the Consumer Financial Protection Bureau, will testify at a House Financial Services Committee hearing to present the CFPB’s latest semi-annual report.
Cordray last appeared before this House committee in March 2015. During that hearing, U.S. Rep. Randy Neugebauer announced the introduction of a bill…
CFPB Appoints New Members to the Consumer Advisory Board, Community Bank Advisory Council, and Credit Union Advisory Council
On September 18, the Consumer Financial Protection Bureau announced the appointment of new members to the Consumer Advisory Board, Community Bank Advisory Council, and Credit Union Advisory Council.
“These advisory bodies play a crucial role in ensuring that the Bureau is addressing the wide variety of perspectives in the consumer financial marketplace,” said CFPB Director…