News & Analysis as of

Repossess Consumer Financial Protection Bureau (CFPB) Automotive Loans

Troutman Pepper Locke

CFPB Releases Report on Auto Repossessions

Troutman Pepper Locke on

As discussed here, in February 2023, the Consumer Financial Protection Bureau (CFPB or Bureau) launched the auto finance data pilot and issued nine market monitoring orders to three banks, three finance companies, and three...more

McGlinchey Stafford

CFPB Issues Auto Finance Supervisory Highlights Sharing Marketing, Servicing, and Add-on Findings

McGlinchey Stafford on

A new “Auto Finance Special Edition” of the Consumer Financial Protection Bureau’s (CFPB or Bureau) Supervisory Highlights was released on October 7, 2024, and it is important for those overseeing compliance in their auto...more

Sheppard Mullin Richter & Hampton LLP

CFPB Sues Auto-Loan Servicer for Allegedly Harming Consumers

On August 2, the CFPB filed a lawsuit in Georgia federal court against an auto-loan servicer alleging that the company engaged in various illegal practices that harmed consumers with auto loans. The auto-loan servicer offered...more

McGlinchey Stafford

CFPB: ‘Junk fees’ in auto servicing are unfair, deceptive

McGlinchey Stafford on

Continuing its aggressive push of investigating and regulating so-called junk fees charged by banks and financial companies, the Consumer Financial Protection Bureau (CFPB) recently issued a special edition of its Supervisory...more

Hudson Cook, LLP

CFPB Bites of the Month - 2022 Annual Review

Hudson Cook, LLP on

In this article, we share a timeline of our monthly "bites" for 2022 applicable to the auto finance industry. So, what happened in 2022?...more

McGlinchey Stafford

CFPB zeros in on Servicemembers Civil Relief Act

McGlinchey Stafford on

Continuing a recent trend of highlighting potential unfair and deceptive acts or practices (UDAAP) within the auto loan servicing industry, the Consumer Financial Protection Bureau (CFPB) recently issued a new blog post...more

Cadwalader, Wickersham & Taft LLP

Cutting Corners in a Competitive Auto Market

The Consumer Financial Protection Bureau ("CFPB") announced in a press release issued in conjunction with the release of its latest Supervisory Highlights that it is concerned that financial institutions and other companies...more

Alston & Bird

CFPB Issues Bulletin About Auto Repossession, Congressional Republicans Respond

Alston & Bird on

A&B Abstract: The Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) recently released a Bulletin addressing the repossession of vehicles and alerting market participants to what it views as those market...more

Sheppard Mullin Richter & Hampton LLP

CFPB: Auto Loan Servicers Must Ensure Lawful Repossessions

On February 28, the CFPB issued Bulletin 2022-4 regarding repossession of vehicles, and the potential for violations of the Dodd-Frank Act’s prohibition on engaging in unfair, deceptive, or abusive acts or practices (UDAAPs)...more

Troutman Pepper Locke

CFPB Warns Auto Finance Companies About Inadvertent Repossessions

Troutman Pepper Locke on

On February 28, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a bulletin and accompanying press release, highlighting an issue that the agency has written about frequently over the past several years:...more

McGlinchey Stafford

Post-Repossession: Can A Borrower ‘Cure’ A Default And Get Their Car Back?

McGlinchey Stafford on

Coming out of the COVID-19 pandemic, the auto finance industry will face a number of issues when it comes to self-help repossession following a borrower’s default. A number of jurisdictions across the country have put...more

Hudson Cook, LLP

Repo America Podcast: There's A New Sheriff In Town - What To Expect From The Revived CFPB

Hudson Cook, LLP on

A new CFPB chief, Rohit Chopra, was nominated by then President-elect Biden on January 18, promising to bring the CFPB back to life. What kind of action should auto lenders expect, and how will it affect the auto repossession...more

Hudson Cook, LLP

Are you repossessing responsibly?

Hudson Cook, LLP on

Motor vehicle financing can be full of compliance minefields. Defaults and repossessions provide more than their fair share of potential mines. However, there are some steps you can take to try to avoid some key issues that...more

Hudson Cook, LLP

In Times of Peace, Prepare for War

Hudson Cook, LLP on

I just finished up a very active conference season. I’ve been on the “conference circuit” as some would say, since early January. Being on the conference circuit has enabled me to re-connect with friends, colleagues, clients...more

Hudson Cook, LLP

Fixing Mistaken Repos

Hudson Cook, LLP on

Your company gets an irate call from a customer whose car you have just repossessed for non-payment. The caller is furious because he made a payment that was supposed to prevent a repossession. After you confirm the payment,...more

Ballard Spahr LLP

FDCPA Did Not Apply to Auto Repossessor's Demand for Property Retrieval Fee, Seventh Circuit Rules

Ballard Spahr LLP on

The U.S. Court of Appeals for the Seventh Circuit recently ruled that an auto repossession company's alleged demand that a debtor pay an administrative property retrieval fee to retrieve personal property left in her...more

Ballard Spahr LLP

DOJ brings suit against indirect auto lender alleging its repossession practices violated the SCRA

Ballard Spahr LLP on

On March 28, the Department of Justice (DOJ) brought another lawsuit against an auto finance company alleging the company violated the Servicemembers Civil Relief Act (SCRA) by repossessing vehicles owned by servicemembers...more

Arnall Golden Gregory LLP

CFPB Examination of Auto Repossession Firms: An Unpleasant Surprise!

Tim owns a small company that handles auto repossessions in the local area. He knows very well the state and local statutes and regulations that apply to his business. Tim has a vague notion that the Consumer Financial...more

MoFo Reenforcement

CFPB Orders Auto Financer to Pay $48.3M for Misleading Borrowers

MoFo Reenforcement on

On September 30, 2015, the CFPB ordered an indirect auto lending company and its auto lending subsidiary to pay $48.3 million in fines for alleged FDCPA, TILA, and UDAAP violations. The CFPB alleges that the companies...more

Ballard Spahr LLP

CFPB Orders Indirect Auto Finance and Title Loan Companies to Pay $48.35 Million in Redress and Penalties For Abusive Debt...

Ballard Spahr LLP on

The CFPB has entered into a consent order with Westlake Services, LLC, an indirect auto finance company, and its wholly owned subsidiary, Wilshire Consumer Credit, LLC, for alleged deceptive debt collection practices. The...more

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