News & Analysis as of

Automotive Loans Lenders

Orrick, Herrington & Sutcliffe LLP

CFPB granted default judgment against auto loan servicer

On August 28, the U.S. District Court for the Northern District of Georgia entered an order and opinion granting the CFPB a default judgment in a case against an auto loan servicer (the defendant)....more

Ballard Spahr LLP

Consumer groups show support of CFPB’s Auto Finance Data Pilot and urge the Bureau to expand its data collection

Ballard Spahr LLP on

In February 2023, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) announced an auto finance data pilot, where it ordered nine large auto lenders to provide information about their auto lending portfolios....more

Sheppard Mullin Richter & Hampton LLP

CFPB Ramps Up Auto Finance Scrutiny: A Look at the New Data Collection Initiative

In a move to bridge significant data gaps identified through its February 2023 Auto Finance Data Pilot where it sent information requests to nine large auto lenders about their lending portfolios, the Consumer Financial...more

Hudson Cook, LLP

CFPB Bites of the Month - December 2023 - I'm Dreaming of a Winter Solstice and the CFPB

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In this month's article, we share some of our top "bites" for the prior month covered during the December 2023 webinar....more

Troutman Pepper

9 Consumer Finance Issues to Note From CFPB Report

Troutman Pepper on

In July, the Consumer Financial Protection Bureau published a report highlighting various unfair, deceptive, and abusive acts or practices it claims to have uncovered during its supervisory examinations from July 2022 to...more

Goodwin

CFPB Reports Troubling Trends in Auto Loan Servicing

Goodwin on

On July 26, 2023, the Consumer Financial Protection Bureau (CFPB) issued a new Supervisory Highlights report (Report) that sheds light on the CFPB’s observations and findings of unfair, deceptive, and abusive practices in...more

Troutman Pepper

CFPB Issues Data Requests to Major Auto Lenders

Troutman Pepper on

On February 23, the Consumer Financial Protection Bureau (CFPB or Bureau) announced that it has issued orders to nine of the largest auto lenders requesting information about their auto lending portfolios. According to the...more

Faegre Drinker Biddle & Reath LLP

State AG Updates: Colorado, New Jersey, New York, Kansas, Florida, Rhode Island and AG Coalitions

In this edition of Faegre Drinker’s State Attorneys General Update, we discuss: • The Colorado AG’s $4 million settlement with two credit unions related to auto loan GAP fees...more

Cozen O'Connor

CFPB and AG James Sue Auto Lender for Allegedly Targeting Consumers Likely to Default

Cozen O'Connor on

New York AG Letitia James and the CFPB sued Credit Acceptance Corporation (CAC) for allegedly violating New York usury limits and consumer and investor protection laws, as well as the Consumer Financial Protection Act, by...more

McGlinchey Stafford

Regulatory updates and considerations for GAP providers and creditors

McGlinchey Stafford on

Guaranteed asset protection (GAP) waivers have always held state regulators’ attention, but as vehicle price increases drive up consumer demand for debt cancellation agreements, regulatory scrutiny into such agreements is...more

Troutman Pepper

CFPB Releases Blog Post on Auto Loan Debt

Troutman Pepper on

On February 24, the Consumer Financial Protection Bureau (CFPB or Bureau) released a blog post, outlining multiple auto lending topics in the wake of rising vehicle prices. According to Bureau of Labor Statistics data, the...more

Goodwin

2021 Year in Review: Consumer Finance

Goodwin on

[co-authors: Amelie Hopkins, and Collin Grier] The year 2021 started with the hope of COVID-19 vaccines and a return to (relative) normalcy, only to conclude with new variants that presented new challenges and extended...more

Ballard Spahr LLP

Third Circuit holds application of PA usury law to auto loans made to PA residents at out-of-state locations does not violate...

Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit recently ruled that the application of Pennsylvania usury laws to auto title loans made to Pennsylvania residents who travel outside of Pennsylvania to obtain such loans does...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter -October 2021

Troutman Pepper on

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

McGlinchey Stafford

Regulatory Considerations And Warnings In Digital Marketing

McGlinchey Stafford on

Auto finance companies, like all businesses, love the opportunity to partner with other companies to obtain new customers. A popular tool to do so is through lead generation websites and companies that offer to help find...more

Hudson Cook, LLP

ConsumerFi Podcast with Eric Johnson: The New Administration's Impact on the Auto Sales and Lending Industries

Hudson Cook, LLP on

The general consensus is that a Biden/Harris administration will mean a lot of changes for automotive finance and sales. But exactly what types of change and how quickly will changes occur? Just how bad for the industry will...more

Spilman Thomas & Battle, PLLC

All Consuming - Financial Litigation Insights: Issue 11, December 2020

Welcome to the Last All Consuming Issue of 2020 - Welcome to our last issue of All Consuming for 2020, a year of unprecedented obstacles. We all watched as the financial industry responded to those obstacles, with...more

McGlinchey Stafford

An Auto Repossession Avalanche Is Coming: Are You ready?

McGlinchey Stafford on

The impact of the COVID-19 pandemic on the U.S. economy is momentous. As businesses across the country shut down to comply with stay-at-home orders, workers have been laid off at a record pace. With unprecedented unemployment...more

McGlinchey Stafford

Pandemic speeds remote online notarization

McGlinchey Stafford on

Given the increase in virtual working environments due to COVID-19, many lenders are exploring electronic notarization, remote online notarization (RON), and even electronic signatures. While the pandemic may have spurred...more

Hudson Cook, LLP

AFSA Extra Credit Podcast: Auto Remote Sales Compliance

Hudson Cook, LLP on

The Federal Trade Commission's Cooling-Off Rule has been around since 1972 (it became effective in 1974), but generally has been a non-issue for dealers until the Coronavirus pandemic when dealers were forced to conduct...more

McGlinchey Stafford

Repossessions during the COVID-19 pandemic

McGlinchey Stafford on

During normal times, creditors face a number of requirements when looking to exercise their self-help repossession rights in the event of a borrower’s default. Some of the factors a creditor must normally consider are...more

Ballard Spahr LLP

DoD to propose amendment to MLA regulations on auto financing

Ballard Spahr LLP on

The Department of Defense announced in its Fall 2019 rulemaking agenda that it is engaged in proposed rulemaking to amend its Military Lending Act (MLA) regulations, apparently in order to allow non-bank creditors to provide...more

Goodwin

Massachusetts AG Settles With Auto Lender Over Exceeding Interest Rate Caps

Goodwin on

On December 27, 2018, the Massachusetts Attorney General’s Office (AG) announced? that it had entered into a consent order with an auto lender, resolving allegations that the lender violated the Massachusetts Cost of Consumer...more

McGuireWoods LLP

Auto Lender Pays $11.8 Million to Resolve UDAAP Allegations

McGuireWoods LLP on

The CFPB also recently announced an $11.8 million settlement of a UDAAP (Unfair, Deceptive and Abusive Acts & Practices) enforcement action in the auto finance space. This action, where the CFPB made no allegations that a...more

Womble Bond Dickinson

Undisputed? Allegations of Inconsistent Communications from Auto Lender Survive Motion to Dismiss

Womble Bond Dickinson on

In Hindle v. Toyota Motor Credit Corporation, 2018 WL 6033484 (D. Mass. Nov. 16, 2018), Plaintiffs alleged that they wanted to own their Prius rather than continue to lease it in order to lower their monthly payments....more

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