On May 18, the Consumer Financial Protection Bureau issued a 24-page report regarding consumer usage and default patterns for vehicle title loans. Such loans are made to borrowers who sign over their car titles as collateral, and are commonly made to individuals with poor credit histories in need of fast cash. Although the borrower retains
Consumer Financial Protection Bureau (CFPB)
FTC Releases New Guidelines for Background Screeners’ Compliance with the FCRA
On May 10, 2016, the Federal Trade Commission (FTC) released new guidelines for employment background screening companies for compliance with certain consumer reporting agency requirements of the Fair Credit Reporting Act (FCRA). The FTC’s guidelines are yet another indication that FCRA compliance is a top federal regulatory priority
I. General Application of the FCRA
The…
Join Us at the 2016 ACA International Convention & Expo in Denver June 16-18
We are pleased to announce that Troutman Sanders partner David Anthony will be a featured speaker at the 2016 ACA International Convention & Expo in Denver at the Hyatt Regency on June 16-18.
David will speak on a panel entitled “Industry Response to Current Trends in Fair Debt Collection Practices Act Enforcement.” He will …
FTC Joins CFPB in Expanding Oversight of “Deceptive” Practices
On May 4, the Federal Trade Commission announced that it had reached a settlement with Very Incognito Technologies, Inc., d/b/a Vipvape, a hand-held vaporizer manufacturer. The settlement resulted from the FTC’s allegations that Vipvape violated the FTC Act by representing on its website that it was a participant in the Asia-Pacific Economic Cooperation Cross-Border Privacy …
CFPB Attempts to Sound Death Knell for Consumer Class Action Waivers Used by Financial Institutions
On May 5, 2016, the CFPB announced proposed rules that would further restrict the ability of financial institutions to enter into mandatory arbitration clauses with consumers, including an outright ban on provisions that would prohibit consumers from pursuing class actions in court. The proposed rules do not forbid all mandatory arbitration clauses, however. Financial institutions…
CFPB Takes Action Against Debt Collection Law Firm and Related Debt Buyer
On April 25, the Consumer Financial Protection Bureau entered into consent orders with the debt collection law firm Pressler & Pressler, LLC, two principal partners, and New Century Financial Services, Inc., a debt buyer, for the defendants’ alleged violations of the Fair Debt Collection Practices Act. The consent orders require Pressler and the …
CFPB Budget Reform Approved By House Financial Services Committee
On April 13, the House Financial Services Committee approved a bill by a 33-20 vote that is intended to end direct funding of the CFPB by the Federal Reserve and require the Bureau to be subject to the regular congressional appropriations process. This Committee joins others in approving similar measures that would institute a variety …
CFPB Releases Annual FDCPA Report
The Consumer Financial Protection Bureau recently issued its annual Fair Debt Collection Practices Act (“FDCPA”) report, which provides a comprehensive overview of both the CFPB’s and Federal Trade Commission’s enforcement efforts throughout 2015. The report specifically provides a background of the debt collection market, an overview of consumer complaints, a description of the CFPB’s…
Auto Lenders Settle Excessive Interest Claims With Massachusetts Attorney General for $7.4 Million
On March 16, Massachusetts Attorney General Maura Healey announced a $7.4 million settlement with two national auto lenders, American Credit Acceptance LLC (“ACA”) and Westlake Services LLC (“Westlake”). The settlement resolves claims against the lenders that they charged excessive interest rates on subprime automotive loans. ACA settled for $1.7 million, and Westlake for $5.7 million. …
Join Us at the National Association of Professional Background Screeners 2016 Mid-Year Legislative & Regulatory Conference
Join Troutman Sanders partners David Anthony and Ashley Taylor at the upcoming National Association of Professional Background Screeners (NAPBS) Mid-Year Legislative & Regulatory Conference at the Washington Marriott Wardman Park in Washington, DC on April 3-5.
The NAPBS Mid-Year Conference focuses on regulation, legislation, education, and compliance related to the background screening industry and, …