On December 3, the CFPB filed a proposed settlement to resolve a long running lawsuit against a student loan relief company and its owner (collectively, the “Defendants”). The settlement bars the company from offering or providing debt settlement products. In addition, the Defendants must pay $2,000 in civil monetary penalties, an amount determined based on their inability to pay more.Continue Reading CFPB’s Settlement Imposes Permanent Ban on Defunct Student Loan Relief Company and Its Owner
On December 3, the CFPB announced a proposed rule to enhance oversight of data brokers that handle consumers’ sensitive personal and financial information. The proposed rule would amend Regulation V, which implements the Fair Credit Reporting Act (FCRA), to require data brokers to comply with credit bureau-style regulations under FCRA if they sell income data or certain other financial information on consumers, regardless of its end use.Continue Reading CFPB Takes Aim at Data Brokers in Proposed Rule Amending FCRA
On November 21, the CFPB announced the arrival of its finalized larger participant rule (the “Rule”) regulating nonbank companies offering digital funds transfer and payment wallet applications to consumers.Continue Reading New CFPB Larger Participant Rule Boosts Oversight of Major Digital Payment Providers
On November 15, the U.S. District Court for the Southern District of Texas overseeing the ongoing legal challenge to the CFPB’s Section 1071 small business lending rule (previously discussed here, here, here, and here), issued an order denying the plaintiff trade groups’ motion to toll the deadlines of the rule while an appeal moves through the Fifth Circuit.Continue Reading Federal Court Denies Request to Delay CFPB’s Small Business Lending Rule as Compliance Deadlines Approach
On November 13, the Consumer Financial Protection Bureau released a “pilot study” on the small business lending market revealing “significant disparities” in how lenders treat black and white small business owners. As part of its study, the CFPB conducted matched-pair testing at 50 bank branches in New York and Virginia using actors who posed as small business owners. Black participants were provided slightly more favorable financial profiles compared to the white participants. In many tests, the black and white participant each met with the same bank representative.Continue Reading CFPB Study Finds Differential Treatment in the Small Business Lending Market
On November 12, the CFPB released a report analyzing federal and state-level privacy protections for consumer financial data.Continue Reading CFPB Report Highlights Financial Data Protection Challenges
On November 14, the CFPB entered into a consent order with a telecommunications company and its subsidiaries (collectively, the “company”) for allegedly withdrawing millions of dollars from over half a million consumer accounts and preventing money transfers to incarcerated individuals, depriving them of essential goods like food, medicine, and clothing, in violation of the CFPA’s prohibitions on unfair acts or practices.Continue Reading CFPB Hits Telecom Giant with Fines for Alleged Exploitation of Incarcerated Consumers
On November 7, 2024, the CFPB ordered one of the largest credit unions in the nation to pay over $95 million for its practices related to the imposition of overdraft fees. The enforcement action addresses practices from 2017 to 2022 where the credit union charged overdraft fees on transactions that appeared to have sufficient funds, affecting consumers including those in the military community, in violation of the CFPA’s prohibition on unfair, deceptive, and abusive acts or practices.Continue Reading CFPB Imposes $95 Million Fine on Large Credit Union for Overdraft Fee Practices
On November 1, the CFPB filed a proposed stipulated final order that would resolve the Bureau’s pending lawsuit in the Northern District of Illinois against a nonbank mortgage lender and broker for allegedly engaging in redlining and other discriminatory lending practices. In its underlying complaint filed in 2020, the CFPB alleged that the defendant violated the Equal Credit Opportunity Act (“ECOA”) by making statements in podcasts, radio shows, and marketing materials that discouraged prospective African-American applicants in Chicago and the surrounding suburbs from applying for mortgage loans.Continue Reading CFPB Reaches Settlement in Redlining Suit Against Nonbank Mortgage Lender
On November 1, a debt collection trade group filed a complaint in federal court challenging an October 1 CFPB advisory opinion that warned debt collectors against seeking payment on unverified or potentially inflated medical bills (we previously discussed the advisory opinion here).Continue Reading Debt Collectors Push Back: Trade Group Sues CFPB Over New Medical Debt Collection Rules
On October 31, the CFPB entered into a consent order with a Florida-chartered credit union for harming consumers in connection with the botched launch of a new online banking system, in violation of the Consumer Financial Protection Act (CFPA). Continue Reading CFPB Penalizes Major Credit Union for Mishandled Online Banking Program Rollout