The Federal Trade Commission and the New York Attorney General’s Office filed a joint complaint against a New York based debt collector that goes by several names, including National Check Registry. As a result of the complaint, the U.S. District Court for the Western District of New York froze the operation’s assets and appointed a
CFPB and 13 State AGs Team Up to Obtain Roughly $92 Million in Debt Relief from Rome Finance
Earlier today, the Consumer Financial Protection Bureau and thirteen state attorneys general released a Consent Order with Colfax Capital Corporation and Culver Capital, LLC, collectively known as “Rome Finance”, for approximately 17,000 military servicemembers and others harmed by predatory lending. This is the latest in an increasingly joint effort by state attorneys general and the
Eight New Jersey Motor Vehicle Dealers and State Attorney General’s Office Enter into $1.8 Million Settlement to Resolve Allegations of Deceptive Practices
The Division of Consumer Affairs of the New Jersey Attorney General’s office has reached a $1.8 million settlement with eight New Jersey motor vehicle dealerships, all under common ownership, to resolve multiple claims of deceptive business practices that were discovered during the Division’s investigation. The settlement also provides for restitution for certain identified consumers affected
Bill Passed in New Jersey to Regulate Service Contract Issuers
Legislation has been signed into law in New Jersey (Senate Bill 854) regulating service contracts as service contracts, not as insurance. The legislation takes effect July 16, 2014. While regulations applicable to service contracts vary in each state, often times service contracts are governed as insurance. The newly-adopted New Jersey framework creates regulatory
The Future of State Involvement in Dodd-Frank
On Wednesday, the New York Department of Financial Services (DFS) became the first state financial regulator to use the Dodd-Frank Act’s “UDAAP” consumer protection standards against a corporation when it filed a lawsuit against an auto lender. The 2010 Dodd-Frank Act gives state regulators the ability to sue companies for engaging in unfair, deceptive, or
Missouri AG Action Indicates Auto Service Contracts are Under Scrutiny
Missouri Attorney General Chris Koster recently announced a settlement with a business alleged to have improperly marketed limited-time extended warranty programs for vehicles. The AG stated that the settlement “highlights [his office’s] efforts to clean up the auto service contract industry in Missouri and protect consumers from future deceptive sales practices.”
According to the AG,
Operation Choke Point Under Scrutiny
As we have mentioned in previous posts, Operation Choke Point is a federal Financial Fraud Enforcement Task Force, created in 2009, including law enforcement and regulators from the Department of Justice, the Federal Trade Commission, and Federal Deposit Insurance Corporation. To attack financial fraud, the Task Force has been issuing subpoenas to banks for financial
Illinois Attorney General Files Lawsuit Joining in Increased Scrutiny of Lenders
On March 19, 2014, Attorney General Lisa Madigan joined in the increased scrutiny and focus on lenders, both online and storefront, by filing suit against a Chicago area short-term lender (the “Company”) that also operates in at least three other states. The lawsuit alleges that the Company misled borrowers into buying a product that was
Payday Lenders and Banks Investigated by Justice Department
Banks have recently come under fire from federal and state regulators and prosecutors. In late 2013, the Justice Department launched “Operation Choke Point,” an initiative that is scrutinizing banks to crack down on lucrative relationships they have with predatory lenders and unscrupulous online merchants. The Justice Department is investigating whether some banks, because of significant
Notable Win for Tribal Online Lenders
Tribal online lenders came away with a significant win in the California Court of Appeals this week in The People of the State of California v. Miami Nation Enterprises, et. al., Civ. No. B242644 (Cal. App. 2d Jan. 21, 2014). In Miami Nation, California’s Second Appellate Division affirmed the dismissal of a suit