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Financial Services Law Insights and Observations

Massachusetts settles with debt payment processor

State Issues State Attorney General Massachusetts Debt Settlement Payment Processors Consumer Finance Fees Enforcement

State Issues

On November 7, the Massachusetts attorney general announced a settlement with a payment processing company to resolve claims that it provided substantial assistance to a debt settlement provider engaged in unlawful business practices that charged consumers premature and inflated fees in violation of state and federal law. According to an assurance of discontinuance filed in Suffolk Superior Court, the company processed settlement and fee payments for consumers enrolled in various debt settlement programs, including those offered by a debt settlement provider that was previously fined $1 million by the AG’s office for allegedly harming financially-distressed consumers. (Covered by InfoBytes here.) The newest settlement resolves claims that the company transferred unlawful fee payments to the debt settlement provider despite having knowledge of the alleged misconduct and even after the provider was sued by the AG’s office. Without admitting any facts, liability, or wrongdoing, the company has agreed to pay $600,000 to the Commonwealth, and will, according to the announcement, “make meaningful business practice changes that would prevent it from transferring untimely fees from any Massachusetts consumer account to any debt settlement company.”

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