InfoBytes Blog
CFPB alleges online lender violated 2016 consent order
On September 8, the CFPB filed a complaint against a California-based online lender (defendant) for allegedly violating the terms of a 2016 consent order related to false claims about their lending program. As previously covered by InfoBytes, the 2016 consent order alleged the defendant engaged in deceptive practices by misrepresenting, among other things, the fees charged, the loan products that were available to consumers, and whether the loans would be reported to credit reporting companies in violation of the CFPA, TILA, and Regulation Z. According to the September 8 complaint, filed in the U.S. District Court for the Northern District of California, the defendants continued with much of the same illegal and deceptive marketing that was prohibited by the 2016 consent order. Among other things, the complaint alleges that the defendants violated the terms of the consent order and various laws by: (i) deceiving consumers regarding the benefits of repeat borrowing; and (ii) failing to provide timely and accurate adverse-action notices. The Bureau seeks injunctive relief, damages, consumer restitution, disgorgement, and civil money penalties. In addition, the Bureau asks the court to permanently enjoin the defendants from committing future violations of the CFPA, the Bureau’s 2016 Consent Order, ECOA, or any provision of “Federal consumer financial law.”