On May 16, the Supreme Court in Spokeo, Inc. v. Robins found that the Ninth Circuit had not adequately addressed whether the named plaintiff had sufficiently alleged a “concrete” injury in connection with his putative FCRA class action against Spokeo, Inc. In Spokeo, the plaintiff (Robins) sued the “people search engine” for alleged violations of
Senate Committee Letter to Federal Agencies Indicates Likelihood of More Federal Supervision and Regulation Over Fintech Companies
In a letter dated July 21, Senators Sherrod Brown (D-Ohio) and Jeffrey Merkley (D-Ore.), on behalf of the Committee on Banking, Housing, and Urban Affairs (the “Committee”), asked the heads of several federal agencies to provide the Committee with information concerning their understanding of the role of fintech in the consumer financial services
FTC Consent Order With Two Ohio Auto Dealers Resolves Misleading Advertising Claims
On July 14, the Federal Trade Commission announced that it had entered into a final consent order with Ohio auto dealers Progressive Chevrolet Company and Progressive Motors Inc. (collectively, the “Progressive Dealers”), which the FTC had “charged with deceiving consumers by using advertising that touted low monthly car lease payments and down payments but failed
CFPB Reaches $107M Settlement Related to Corporate Consumer Debt Defrauding Scheme
On July 19, the Consumer Financial Protection Bureau reached a $107 million settlement agreement with three individuals who conspired with World Law Group to swindle millions of dollars from consumers in a debt-relief scheme.
In August 2015, the CFPB brought suit in U.S. District Court for the Southern District of Florida against several defendants, including
Federal Judge Rejects Challenge to CFPB Director’s Recess Appointment
On July 13, a federal judge tossed out a challenge to the recess appointment of Consumer Financial Protection Bureau Director Richard Cordray.
In State National Bank of Big Spring et al. v. Lew et al., the State National Bank of Big Spring, Texas, joined by conservative advocacy groups The Competitive Enterprise Institute and
House Financial Services Committee Releases Draft of Bill to Replace Dodd-Frank
On June 23, a discussion draft of “The Financial CHOICE Act” was released by the House Financial Services Committee. A primary purpose of this bill is to replace the Dodd-Frank Act, including reforming financial institution regulations and significantly changing the structure and authority of the Consumer Financial Protection Bureau.
Specifically, the
CFPB Seeks $40 Million Penalty Against Purported Debt Relief Providers
Defendants World Law Debt Services, LLC, World Law Processing, LLC, and Family Capital Investment & Management LLC, face a potentially hefty penalty after failing to respond to a complaint filed by the Consumer Financial Protection Bureau relating to alleged illegal debt relief services.
According to a complaint filed in the Southern District of Florida in
CFPB Monthly Report Highlights Complaints About Various Consumer Loans
On June 28, the Consumer Financial Protection Bureau released its Monthly Complaint Report, which aims to provide “a high-level snapshot of trends in consumer complaints” concerning products such as auto loans, installment loans, and title loans. The CFPB claims that since it began collecting such complaints in July 2011, it has handled a total
Proposed House Bill Would Give States and Tribes an Exemption from CFPB Payday Rules
A recently introduced House bill would provide a mechanism to let states opt out of the CFPB’s newly announced rules regulating payday, auto title, and other short-term, small dollar loans. On June 21, Congressman Scott Tipton (R-Colo.) introduced H.B. 5552 which would effectively amend the CFPB’s recently proposed rules. If passed,
CFPB Announces Annual Threshold Adjustments for TILA, CARD, HOEPA, and More
On June 17, 2016, the Consumer Financial Protection Bureau (“CFPB”) announced changes to the dollar amount thresholds for certain consumer credit transactions under the Truth in Lending Act (“TILA”). According to the notice submitted to the Federal Register, these new thresholds could affect minimum interest charges and safe harbor penalty fees under the Credit Card