February 10, 2017

CFPB Enters into Consent Orders with Citibank Subsidiaries Over Mortgage Servicing Practices

The CFPB recently entered into consent orders with several Citibank subsidiaries attacking their mortgage servicing practices during the early days of the Mortgage Servicing Rules despite the CFPB’s assurances that early…

January 30, 2017

CFPB Sues Bank Over Overdraft Sales Pitch

The CFPB’s concern with incentives and overdrafts continues and has resulted in a lawsuit filed against a Minnesota-based TCF National Bank.  In the lawsuit, the CFPB alleges that TCF National…

January 25, 2017

CFPB Consent Orders with Consumer Reporting Agencies Focus on Marketing Practices, not Credit Reporting

Marketing practices remain at the forefront of CFPB activity as evidenced by two recent consent orders entered into with TransUnion and Equifax. The consent orders combine to require the Consumer Reporting…

January 18, 2017

District Court Opinion Upholds Reasonable Investigation of Credit Dispute

A recent decision from the Northern District of Georgia serves as a reminder to both consumers and furnishers of information as to the furnisher’s obligation to reasonably investigate a dispute…

January 13, 2017

Two More Banks Fall to Redlining Consent Orders

The Department of Justice has entered into a proposed consent order with two Ohio-based banks resolving allegations that the banks engaged in a pattern or practice of redlining in their…

January 12, 2017

Call Volume Alone is Not Enough to Violate the FDCPA

A decision from a New Jersey district court serves as a reminder that call volume alone will not support a violation of the FDCPA. In Chisholm v. Afni, Inc., the…

January 5, 2017

Insight from CFPB Regarding Employee Incentives in the Wake of Wells Fargo Consent Order

This past November, in the wake of the Wells Fargo debacle, the CFPB  issued a Compliance Bulletin which addressed employee incentives and the consumer risks associated with them. CFPB Compliance…

December 28, 2016

CFPB Consent Orders Serve as a Reminder to Mortgage Industry on Advertising Practices

A recent series of CFPB consent orders should remind the mortgage industry to carefully monitor its advertising practices. The MAP Rule prohibits deceptive and misleading commercial communications regarding any term of…

October 5, 2016

Court Holds That Consumers Cannot Engineer FDCPA Violations

A Missouri district court has refused to grant partial summary judgment in favor of a consumer who asserted violations of 15 U.S.C. 1692e(11). In Dodd v. Delta Outsource Group, the…

September 20, 2016

What Can We Learn from the Wells Fargo Consent Orders?

By now, most have read about the consent orders issued by the CFPB and the OCC concerning Wells Fargo. The consent orders ordered the bank to pay a total of…

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