The CFPB recently fined auto finance company First Investors Financial Services Group Inc. $2.75 million for allegedly failing to fix known flaws in a computer system that was providing inaccurate information to credit reporting agencies. The bureau also ordered the Houston-based company to fix its errors and change its business practices. The CFPB said its investigation found that First Investors furnished inaccurate information about its customers to credit reporting agencies for at least three years. “When First Investors discovered the problem in April 2011, it notified the vendor but did nothing more,” the CFPB said. “The company did not replace the system or take any steps to correct the inaccurate information it had supplied. “It continued for years to use ...

Global Client Solutions, a leading debt-settlement payment processor based in Tulsa, OK, agreed to pay over $6 million in relief to consumers, as well as a $1 million civil penalty, to resolve allegations by the CFPB that the firm helped other companies to collect tens of millions of dollars in illegal upfront fees from consumers. Final settlement is pending federal district court approval. The CFPB accused Global Client Solutions and its two principals, Robert Merrick and Michael Hendrix, of violating the Telemarketing Sales Rule by making it possible for debt-settlement companies to charge consumers illegal upfront fees. The rule prohibits debt-settlement companies from charging consumers advance fees before settling any of their debts. The rule is intended to protect consumers ...

The American Bankers Association has weighed in once again on the CFPB’s proposed information collection request filed with the Office of Management and Budget to survey consumers about their experience with debt collection – this time asking it be shut down entirely. In its first comment on an earlier iteration of the bureau’s request, the ABA expressed general support for a consumer survey. However, the industry group identified “significant design and methodological concerns” and suggested changes to the survey instrument and its administration that the banking industry believes will improve the integrity and practical utility of the proposed information collection. Unfortunately, in the revised proposal, the CFPB responds “only perfunctorily to stakeholder comments and reflects very little real change to the ...

The debt collection industry still has plenty of work to do in terms of correcting its collection attempts against delinquent borrowers, according to a new ranking and analysis by Inside the CFPB. “Incorrect collection attempts” were far and away the leading consumer complaint about the industry submitted to the CFPB, with more than 12,000 such gripes filed, nearly 40 percent of all debt-collection criticisms, the analysis found. (See chart on page 7.) The biggest offender in this regard was Encore Capital Group, with 925 such complaints. MNE Services Inc., on the other hand, had the lowest number of gripes in this area, 19, among the top 50 companies in the ranking. “Communication tactics” ranked second among types of consumer complaints ...

The Consumer Bankers Association took issue with letters CFPB Student Loan Ombudsman Rohit Chopra recently sent to financial institutions that have contractual relationships with colleges and universities, calling for public disclosure of their campus marketing agreements. Chopra’s letter stated the institutions’ failure to be transparent about the terms of these proprietary agreements “may pose potential consumer protection risks.” However, CBA President and CEO Richard Hunt said Chopra did not provide any basis for or evidence to support these provocative claims. “On the contrary, relationships between banks and schools often provide students with great benefits by providing much needed financial literacy, safe and secure debit cards, low or no-fee checking accounts and access to convenient on-campus branches and ATMs; and students ...

The Department of Justice recently subpoenaed GM Financial and Santander Consumer USA, two of the largest subprime auto ABS issuers in the U.S., over concerns about their subprime auto lending and securitization operations, the two companies recently revealed. The developments suggest that such regulatory scrutiny of the sector in the wake of the financial crisis is intensifying, market participants and policy analysts say. Whether that will pose a substantial risk to other lenders remains to be seen. GM Financial announced...

CFPB Student Loan Ombudsman Rohit Chopra is raising the headline risk for banks that fail to be transparent about the campus financial product marketing agreements they have with colleges and universities. In a recent blog post alerting colleges and students about “secret banking contracts,” Chopra indicated the bureau has been mailing out letters to such educational institutions “to make sure they know that their bank partner has not yet committed to transparency when it comes to student financial products” because the financial institution has not yet posted its marketing agreement with the school on its website. Last year, the CFPB launched an inquiry into financial products marketed to college and university students to determine whether the market is working for...

The CFPB, the Federal Trade Commission and 15 state attorneys general, as well as other state agencies, announced a number of legal actions last month against alleged foreclosure relief scammers they accused of using deceptive marketing tactics to rip off distressed homeowners across the country. The CFPB filed three lawsuits against companies and individuals it asserted collected more than $25 million in illegal advance fees for services that falsely promised to prevent foreclosures or renegotiate troubled mortgages. The bureau is seeking compensation for victims, civil fines and injunctions against the companies and individuals it identified. One of the lawsuits was filed against Clausen & Cobb Management Company, Inc., its owners, Alfred Clausen and Joshua Cobb, and their business associate, attorney ...

The CFPB recently began accepting consumer complaints about prepaid cards (such as gift cards, benefit cards, and general purpose reloadable cards) as well as additional nonbank products, including debt settlement services, credit repair services, and pawn and title loans. Consumers can now submit prepaid card complaints to the bureau about problems managing, opening or closing their account; overdraft issues and incorrect or unexpected fees; and frauds, scams or unauthorized transactions. They can also file gripes about prepaid card advertising, disclosures and marketing practices; as well as issues relating to adding money and savings or rewards features associated with such cards. In the coming months, the bureau plans to issue a proposed rule aimed at increasing federal consumer protections for general ...

New issuance of non-mortgage ABS dropped slightly during the second quarter of 2014 from the robust levels recorded in the first quarter of 2014, according to a new analysis and ranking by Inside MBS & ABS. A total of $49.14 billion of non-mortgage ABS were issued during the April-to-June cycle, an 8.0 percent decline from the first quarter of 2014. But new issuance remained...[Includes three data charts]