On September 13, 2024, the CFPB filed a lawsuit against the company and its owner and CEO, alleging deceptive and abusive acts and practices in violation of the CFPA and violations of TILA and its implementing regulation…
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/ Consumer Protection, Finance & Banking
On September 11, 2024, the CFPB issued an administrative consent order against the Bank, alleging multiple violations of the Fair Credit Reporting Act (FCRA), the Consumer Financial Protection Act (CFPA), and the Furnisher Rule…
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/ Consumer Protection, Finance & Banking
After more than seven years of litigation, on September 12, 2024, the CFPB filed the Stipulated Order reflecting its settlement with the Company over alleged violations of the CFPA, FCRA, and FDCPA…
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/ Consumer Protection, Finance & Banking
In 2021, the U.S. Supreme Court held unanimously in AMG Capital Management, LLC v. Federal Trade Commission that the Federal Trade Commission is not entitled to consumer redress in cases brought under Section 13(b) of the FTC…
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/ Antitrust & Trade Regulation, Civil Remedies, Consumer Protection
On July 9, 2024, the Consumer Financial Protection Bureau issued a consent order against a nationally chartered bank that, among other things, includes a number of allegations related to the bank's policies regarding…
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/ Consumer Protection, Finance & Banking, Insurance
California's Senate Bill 1286 is under consideration in the Legislature. The bill, if passed, would expand the scope of the Rosenthal Fair Debt Collection Practices Act to cover the collection of certain commercial-purpose…
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/ Consumer Protection, Finance & Banking
In this month's article, we share some of our top "bites" for the prior and current month covered during the August 2024 webinar…
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/ Finance & Banking, Consumer Protection
On August 21, 2024, the CFPB issued a Consent Order against the Company citing alleged failure to provide accurate information about loss mitigation options and improper handling of loan modifications. The Consent Order alleges…
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/ Consumer Protection, Finance & Banking, Real Estate - Residential
The Federal Trade Commission added teeth to its prior marketing guidance with the release August 14 of its final trade regulation Rule for Consumer Reviews and Testimonials ("Rule," 16 CFR Part 465)…
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/ Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection
In this month's article, we share some of our top "bites" for the prior and current month covered during the July 2024 webinar…
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/ Consumer Protection, Finance & Banking, Real Estate - Residential
If you are reading this article, you are likely aware that a creditor collecting its own debts in its own name is not a "debt collector" under the federal Fair Debt Collection Practices Act ("FDCPA") or its implementing rule,…
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/ Consumer Protection, Finance & Banking
I counsel many clients on advertising compliance, and one frequent topic of discussion in that work relates to use of "up to" and "as low as" advertising claims. Companies naturally want to give this information to potential…
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/ Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection
In many states, a company that services a residential mortgage loan by collecting payments from borrowers must hold a mortgage servicer license. What can come as a surprise, however, is that those licenses can also apply to…
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/ Administrative Law, Consumer Protection, Finance & Banking, Real Estate - Residential
On July 9, 2024, the CFPB issued a consent order and proposed court order against the Company, the former citing allegedly unlawful repossessions, and the latter citing allegedly unlawful sales practices. The consent order…
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/ Consumer Protection, Finance & Banking
Join Hudson Cook partners Julia Whitelock and Rob Tilley for a quarterly consumer and government enforcement litigation webinar. The webinars will feature a discussion of recent, notable cases involving the consumer financial…
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/ Finance & Banking, Consumer Protection