Having announced in April 2018 that it would be holding a symposia series, the CFPB has now set a date for the first symposium of the series. The first symposium, to be held on June 25, 2019, will focus on the Dodd-Frank Act’s prohibition of abusive acts or practices, specifically the meaning of abusiveness.
UDAAP
Second Circuit upholds personal liability of individual owner for payday debt collection companies’ FTCA and FDCPA violations
By Bowen "Bo" Ranney on
The Second Circuit recently upheld a decision finding two individual co-owners personally liable for nearly $11 million for their companies’ violations of the Federal Trade Commission Act (FTCA) and Fair Debt Collection Practices Act (FDCPA). The companies’ business consisted largely of collecting payday loan debts they had purchased.
In FTC v. Federal Check Processing, Inc., …
CFPB Settles With VA Lender Regarding Claims of Deception
By Richard J. Andreano, Jr. on
The CFPB recently filed a complaint and a proposed stipulated final judgment and order to address claims that Village Capital & Investments LLC (Village) engaged in deceptive acts and practices in the solicitation of veterans for mortgage refinance loans to be guaranteed by the Department of Veterans Affairs (VA).
The CFPB asserts that between March…
The CFPB’s proposed “abusive” rulemaking: much ado about nothing?
By Christopher J. Willis on
In its blog post announcing the Fall 2018 Rulemaking Agenda, the CFPB announced that it is “considering how rulemaking may be helpful to further clarify the meaning of ‘abusiveness’ under the section 1031 of the Dodd-Frank Act.” This statement follows press reports of Acting Director Mulvaney commenting about the possibility of a rulemaking to…
Regulation by Enforcement is Dead
By Richard J. Andreano, Jr. on
Addressing the Mortgage Bankers Association (MBA) 2018 Annual Convention in Washington, DC on October 15, 2018, BCFP Acting Director Mick Mulvaney advised that regulation by enforcement is dead, and that he does not care much for regulation by guidance either. He noted to the members that they have a right to know what the law…
Will FCC reversal on net neutrality rules impact consumer payments?
By Andrew R. Toftey on
Posted in CFPB Monitor, Federal Agencies, Federal CFS Monitor, FinTech, FTC, FTC Enforcement, State CFS Monitor, UDAAP
On Thursday, December 14, the Federal Communications Commission voted 3-2 to reverse its 2015 order classifying the provision of broadband internet access services as a “telecommunication service” subject to Title II of the Communications Act of 1934, and restoring the classification of broadband internet access services as an “information service” under Title I of the…
Oklahoma files amicus brief in support of tribal lenders’ motion to dismiss CFPB lawsuit
By Jeremy T. Rosenblum on
The State of Oklahoma has filed an amicus brief in support of the motion to dismiss filed by four online tribal lenders sued by the CFPB for alleged Consumer Financial Protection Act and Truth in Lending Act violations. The CFPB’s lawsuit was originally filed in an Illinois federal district court and subsequently transferred to federal…
Middle District of Pennsylvania ignores key constitutional questions in Navient case
By Theodore R. Flo on
As we’ve discussed before, the CFPB sued Navient over its student loan servicing practices in the Middle District of Pennsylvania. In doing so, the CFPB followed its strategy of announcing new legal standards by enforcement action and then applying them retroactively. The chief allegation in the complaint is that Navient wrongly “steered” consumers into…
CFPB issues guidance on pay-by-phone fees
By John L. Culhane, Jr. on
The CFPB has issued a new compliance bulletin (2017-11) to provide guidance on pay-by-phone fees. The guidance includes examples of conduct relating to pay-by-phone practices identified by the CFPB in its supervision and enforcement activities that may violate or risk violating the Dodd-Frank UDAAP prohibition or the FDCPA.
The enforcement actions cited in…
Supreme Court’s Kokesh v. SEC ruling limits CFPB disgorgement
By Theodore R. Flo on
On June 5, 2017, the U.S. Supreme Court handed down a unanimous decision in Kokesh v. SEC. In Kokesh, the SEC took the position that disgorgement was not a penalty and therefore not subject to the statute of limitations in 28 U.S.C. § 2462. The Court held that disgorgement remedies are indeed “penalties” …