The CFPB has entered into a consent order with Edfinancial Services, a student loan servicer, to settle the Bureau’s allegations that Edfinancial engaged in deceptive acts and practices in violation of the CFPA UDAAP prohibition.  The consent order requires Edfinancial to pay a $1 million civil money penalty.

According to the Bureau’s findings set forth in the consent order (which Edfinancial neither admits nor denies), Edfinancial made various misrepresentations to borrowers with Federal Family Education Loan Program (FFELP) loans about their eligibility for Public Service Loan Forgiveness (PSLF). … Continue Reading

Ruling on an important Federal Arbitration Act (FAA) procedural issue that has divided the circuit courts, the U.S. Supreme Court has decided that the “look-through” approach often used in determining whether federal jurisdiction exists to decide motions to compel arbitration filed under Section 4 of the FAA does not apply to motions to confirm or vacate arbitration awards filed under Sections 9 and 10 of that statute. … Continue Reading

In a new lawsuit filed in a California federal district court, a recipient of Deferred Action for Childhood Arrivals (DACA) alleges that a credit union violated the Civil Rights Act of 1866 (42 U.S.C. § 1981) and California’s Unruh Civil Rights Act (UCRA) by denying her loan application based on her status as a DACA recipient.… Continue Reading

The CFPB has issued a report titled “Credit card late fees” that discusses the consumer impact of late fees by card type, credit score, and geography, and market reliance on late fees.  (Late fees are also among the fees at which the CFPB has taken aim in its “junk fees” initiative.) … Continue Reading

Professor Peterson, who served at the CFPB under former Director Cordray, shares his perspective on the CFPB’s publicly-announced enforcement activities and initiatives under Director Chopra and what they might signal for future enforcement and supervisory activities.  The matters discussed include the UDAAP implications of the CFPB’s focus on pricing in its enforcement action against JPay, the CFPB’s use of UDAAP to challenge discrimination not involving credit, and the CFPB’s junk fees initiative and approach to technology. … Continue Reading

Tomorrow, March 30, the House Financial Services Committee will hold a hearing, “The End of Overdraft Fees?  Examining the Movement to Eliminate the Fees Costing Consumers Billions.”

The Committee memorandum references two pending bills dealing with overdrafts.  One bill is H.R. 4277, the “Overdraft Protection Act of 2021,” which would  limit the number of overdraft fees a bank can  charge on a monthly and annual basis and prevent financial institutions from re-ordering transactions to increase overdraft fees. … Continue Reading

Delivering the University of Pennsylvania Law School’s 2022 Distinguished Lecture on Regulation yesterday, CFPB Director Chopra addressed the following question: “How do we stop large dominant firms from violating the law over and over again with seeming impunity?”  His remarks made clear that, under his leadership, large companies charged by the CFPB with repeat violations or new violations of a different kind than previously charged can expect the CFPB to demand significantly more than the payment of large amounts in consumer relief and/or penalties as part of a settlement agreement.… Continue Reading

The Fifth Circuit has scheduled oral argument for May 11, 2022 in the appeal filed by the trade groups challenging the payment provisions in the CFPB’s 2017 final payday/auto title/high-rate installment loan rule.

The trade groups have appealed from the district court’s final judgment granting the CFPB’s summary judgment motion and staying the compliance date for the payment provisions until 286 days after August 31, 2021 (which would have been until June 13, 2022). … Continue Reading

As previously reported, in January 2022 the CFPB published a “Request for Information Regarding Fees Imposed by Providers of Consumer Financial Products or Services” with a comment deadline of March 31, 2022.  The CFPB has now announced an extension of the deadline to April 11, 2022.

The CFPB stated that the “more than 25,000 comments we have received through mid-March show the high-level of public interest on this topic, and the number of people affected by exploitative junk fees.… Continue Reading

As we approach the two-year anniversary of the passage of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the scope and costs of fraud in connection with its relief programs continues to mount.  To date, the Department of Justice has brought criminal charges against over 1,000 defendants with alleged losses exceeding $1.1 billion; seized over $1 billion in Economic Injury Disaster Loan proceeds; and initiated over 240 civil investigations into more than 1,800 individuals and entities for alleged misconduct in connection with pandemic relief loans totaling more than $6 billion.… Continue Reading