News & Analysis as of

Lenders Consumer Financial Protection Act (CFPA)

Orrick, Herrington & Sutcliffe LLP

CFPB drops in-house suit against motor vehicle company financial arm

On May 12, the CFPB terminated a consent order against a credit financing arm of a large motor vehicle company for violations related to the CFPA and FCRA. ...more

Hudson Cook, LLP

The CFPB's Future is Unclear, but Its $42 Million Judgment Still Sends a Clear Message

Hudson Cook, LLP on

If we could use only one word to describe the future of the Consumer Financial Protection Bureau, I think most of us would agree on the word "uncertain." However, one thing seems certain to occur as we wait to see what will...more

Orrick, Herrington & Sutcliffe LLP

U.S. SDNY dismisses some claims and allows Bureau to file amended complaint in military lending case

On March 24, U.S. SDNY released its opinion and order granting dismissal, in part, with respect to counts two through five (and related claims under count six) in a case the CFPB brought against a loan company group (the...more

Sheppard Mullin Richter & Hampton LLP

CFPB Continues Lawsuit Over Alleged Military Lending Act Violations

On March 1, and despite recent policy shifts under the new administration, the CFPB sent a letter to the judge overseeing its lawsuit against a fintech lender in the United States District Court for the Southern District of...more

Katten Muchin Rosenman LLP

CFPB Drops Challenge That Lease-to-Own Agreements Be Regulated As "Credit"

On Thursday, the Consumer Financial Protection Bureau (CFPB) dropped its high-profile enforcement action against Acima in Utah federal district court. This is yet another CFPB matter that has hit the dust following the...more

Sheppard Mullin Richter & Hampton LLP

CFPB Drops Lawsuit Against Online Lender Following Litigation Freeze

On February 23, the CFPB filed a joint stipulation in the United District Court for the Central District of California to dismiss its lawsuit against an online lending platform. The lawsuit, originally filed in May 2024,...more

Ballard Spahr LLP

CFPB, National Collegiate Student Loan Trusts resolve case that Supreme Court declined to consider

Ballard Spahr LLP on

The CFPB and the National Collegiate Student Loan Trusts—a group of fifteen securitization trusts that acquire, pool, and securitize student loans—have entered into a proposed final consent judgment that, if approved, would...more

Ballard Spahr LLP

CFPB alleges dark patterns in suit against fintech peer-to-peer lender

Ballard Spahr LLP on

On May 17, 2024, the Consumer Financial Protection Bureau (“CFPB”) filed suit against an online lending platform, alleging, among other things, the use of dark patterns to induce consumers to pay tips and donations,...more

Cozen O'Connor

Coalition Grows to Torpedo Mariner Finance over Hidden Add-ons

Cozen O'Connor on

Pennsylvania AG Michelle Henry announced that six additional states have joined a lawsuit against lending company Mariner Finance, LLC, which was first filed by Pennsylvania and five other AGs in 2022. The bipartisan...more

Wiley Rein LLP

Wiley Consumer Protection Download (February 27, 2024)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Orrick, Herrington & Sutcliffe LLP

District Court denies motion to dismiss State Attorneys’ General case against “subprime lender”

On January 12, the U.S. District Court for the Eastern District of Pennsylvania denied a defendant’s motion to dismiss a case brought by five State Attorneys General (State AGs) from Pennsylvania, New Jersey, Oregon,...more

Ballard Spahr LLP

CFPB issues Semi-Annual Report to Congress; CFPB Director Chopra to appear before House and Senate Committees this week (UPDATED)

Ballard Spahr LLP on

Last week, the CFPB issued its Semi-Annual Report to Congress covering the period beginning October 1, 2022 and ending March 31, 2023. ...more

Sheppard Mullin Richter & Hampton LLP

CFPB Sues Installment Lender for Alleged Loan Churning Operation

On August 22, the CFPB filed a lawsuit against an installment lending company and several of its subsidiaries in South Carolina federal court, alleging that the company engaged in illegal “loan-churning” practices that...more

Ballard Spahr LLP

CFPB Summer 2023 Supervisory Highlights looks at auto origination and servicing, consumer reporting, debt collection, deposits,...

Ballard Spahr LLP on

The CFPB has released the Summer 2023 edition of Supervisory Highlights.  The report discusses the Bureau’s examinations in the areas of auto origination and servicing, consumer reporting, debt collection, deposits, mortgage...more

Troutman Pepper Locke

CFPB Wins Big in California Federal Court: CashCall Fined $167 Million for CFPA Violations

Troutman Pepper Locke on

As discussed here, in 2016 the Central District of California granted judgment in favor of the Consumer Financial Protection Bureau (CFPB) in its long-running challenge to CashCall, Inc.’s tribal-lending operation....more

Cadwalader, Wickersham & Taft LLP

Small Business Lenders Subject to New CFPB Data Reporting Rule

Resulting from a lawsuit by the California Reinvestment Coalition against the Consumer Financial Protection Bureau (“CFPB”) in 2019 for its failure to promulgate a small business lending data rule in compliance with the...more

Womble Bond Dickinson

Consumer Financial Protection Bureau Finalizes Rule for Small Business Data Collection and Expands List to Exempt Lending Products...

Womble Bond Dickinson on

The Consumer Financial Protection Bureau (CFPB) issued its final rule on March 30, 2023, under Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 1071 is an amendment to the Equal Credit...more

Cozen O'Connor

CFPB Shuts Down Loan Scams Targeting Military Families

Cozen O'Connor on

The CFPB is fighting back against what it alleges to be unlawful predatory lending practices targeting military families in violation of the Military Lending Act (MLA)....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

Shipkevich PLLC

CFPB Issues Order Asserting its Authority to Investigate Cryptocurrency Lender

Shipkevich PLLC on

On November 22, 2022, the Consumer Financial Protection Bureau (CFPB) denied a petition by Nexo Financial LLC (“Nexo Financial”) to modify a Civil Investigative Demand (CID) issued on December 1 2021. In rendering its...more

Troutman Pepper Locke

CFPB Signals Interest in Higher Education Lending Practices

Troutman Pepper Locke on

The Consumer Financial Protection Bureau (CFPB) recently issued a report, focused on the current student loan servicing market that laid out the results of several supervisory efforts related to student lending. Higher...more

Goodwin

CFPB Says Creditors Must Provide Reasons For Taking Adverse Action, Even When Relying On AI

Goodwin on

On May 26th, 2022, the Consumer Financial Protection Bureau (“CFPB”) published a Consumer Financial Protection Circular (the “Circular”), confirming that creditors must provide specific reasons for taking adverse action...more

Troutman Pepper Locke

Connecticut Issues Cease and Desist Against Lead Generator

Troutman Pepper Locke on

On May 4, the Connecticut Banking Commissioner issued a temporary order to cease and desist and order to make restitution against lead generator SoLo Funds Inc. (SoLo) for allegedly engaging in unfair, deceptive, and abusive...more

Wiley Rein LLP

Wiley Consumer Protection Download (January 24, 2022)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Cadwalader, Wickersham & Taft LLP

Federal Court Holds That Student Loan Trusts Are Subject to CFPB Enforcement Authority: What This Means for Consumer...

On December 13, 2021, Judge Stephanos Bibas, visiting judge in the U.S. District Court for the District Delaware from the U.S. Court of Appeals for the Third Circuit, denied a motion to dismiss a lawsuit brought by the...more

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