Skip to main content
Menu Icon
Close

InfoBytes Blog

Financial Services Law Insights and Observations

Filter

Subscribe to our InfoBytes Blog weekly newsletter and other publications for news affecting the financial services industry.

  • District Court denies motion to dismiss State Attorneys’ General case against “subprime lender”

    Courts

    On January 12, the U.S. District Court for the Eastern District of Pennsylvania denied a defendant’s motion to dismiss a case brought by five State Attorneys General (State AGs) from Pennsylvania, New Jersey, Oregon, Washington, and D.C. seeking to enforce the CFPA. The State AGs allege the defendant engaged in “predatory lending practices” that violate state and federal law. As covered by InfoBytes, in Spring 2022, the CFPB issued an interpretive rule clarifying that states have the authority to enforce federal financial consumer protection laws, such as the CFPA. This interpretive rule led to partisan attacks claiming the CFPB was “colluding” with state regulators, as covered by InfoBytes here.

    The defendant is a state-licensed and regulated “subprime installment lender” operating in 28 states. As noted in the opinion, the defendant offers loans between $1,000 and $25,000, with terms between 12 and 60 months and charges interest at rates ranging from 18.99% to 35.99% with an average APR of 28%, and average loan size of around $3,650.

    In addition to the complaint regarding subprime loans, the State AGs assert that the defendant “deceptively ‘adds-on’” various insurance options to consumers’ loans and targets a financially vulnerable population: those with a credit score of 629 or less who “often already have significant… debt[.]”. The State AGs seek injunctive and other relief. 

    Courts Pennsylvania CFPB CFPA State Attorney General New Jersey Washington Oregon District of Columbia

  • FTC, DOJ sue maker of health app over data sharing

    Federal Issues

    On May 17, the DOJ filed a complaint on behalf of the FTC against a health app for violating the Health Breach Notification Rule (HBNR) by allegedly sharing users’ sensitive personal information with third parties, disclosing sensitive health data, and failing to notify users of these unauthorized disclosures. According to the complaint, users were allegedly repeatedly and falsely promised via privacy policies that their health information would not be shared with third parties without the user’s knowledge or consent, and that any collected data was non-identifiable and only used for the defendant’s own analytics or advertising. The FTC charged the defendant with failing to implement reasonable measures to address the privacy and data security risks created by its use of third-party automated tracking tools and for sharing health information used for advertising purposes without obtaining users’ affirmative express consent. Under the HBNR, companies with access to personal health records are required to notify users, the FTC, and media outlets in certain situations, if there has been an unauthorized acquisition of unsecured personal health information. The defendant also allegedly failed to impose limits on how third parties could use the data and failed to adequately encrypt data shared with third parties, thus subjecting the data to potential interception and/or seizure by bad actors.

    The proposed court order would require the defendant to pay a $100,000 civil penalty, and would permanently prohibit the company from sharing personal health data with third parties for advertising and from making future misrepresentations about its privacy practices. The defendant would also be required to (i) obtain user consent before sharing personal health data; (ii) limit data retention; (iii) request deletion of data shared with third parties; (iv) provide notices to users explaining the FTC’s allegations and the proposed settlement; and (v) implement comprehensive security and privacy programs to protect consumer data. The defendant has also agreed to pay a total of $100,000 to Connecticut, the District of Columbia, and Oregon (who collaborated with the FTC on the action) for violating state privacy laws with respect to its data sharing and privacy practices.

    Federal Issues Privacy, Cyber Risk & Data Security FTC DOJ Consumer Protection Health Breach Notification Rule Enforcement Connecticut District of Columbia Oregon

  • DC passes debt collection bill

    State Issues

    On September 23, the District of Columbia mayor signed B24-0357, which updates the District’s collection laws by expanding protections to cover most consumer debt, in addition to strengthening existing protections for DC consumers. Among other things, the bill: (i) prohibits deceptive behavior from debt collectors, such as making threats; (ii) clarifies that no one can be jailed for failing to pay a debt; (iii) prohibits debt collectors from communicating any information regarding a person’s debt to employers or family members; and (vi) clarifies that debt buyers are required to follow all laws applicable to debt collectors. The law is currently effective.

    State Issues State Legislation District of Columbia Debt Collection Debt Buyer Consumer Finance

  • D.C. Department of Insurance, Securities and Banking says certain Bitcoin activity subject to money transmission laws

    Recently, the District of Columbia’s Department of Insurance, Securities and Banking (DISB) issued a bulletin informing industry participants engaging in or planning to engage in money transmission involving Bitcoin or other virtual currency “used as a medium of exchange, method of payment or store of value in the District” that such transactions require a money transmitter license. Specifically, the bulletin noted that DISB considers Bitcoin to be money for money transmission purposes. Relying on United States v. Larry Dean Harmon, DISB stated that while “money transmission is vaguely defined in DC Code,” the court’s decision “relied on the common use of the term “money” to mean a “medium of exchange, method of payment or store of value,” and that therefore Bitcoin functions like money. The bulletin also noted that the court found that while the D.C. Money Transmitters Act of 2000 specifically defined certain banking and financial terms, it did not define “money,” thereby reasoning “that the goal of the MTA is to regulate all kinds of transfers of funds, whether fiat currency, virtual currency or cryptocurrencies.”

    Additionally, DISB noted that “engaging in the business of ‘money transmission’” includes “transactions where entities receive for transmission, store, and/or take custody, of Bitcoin and other virtual currencies from consumers via kiosks (aka BTMs), mobile applications and/or online transactions.” However, transactions where entities propose to sell and buy Bitcoin and other virtual currencies from consumers in exchange for cash payments via kiosks and/or online transactions are not considered to be money transmission. Entities that plan to engage in covered activities are subject to money transmission licensing requirements, DISB stated, explaining that whether an entity is required to obtain a money transmitter license depends on the individual facts and circumstances of each applicant, which include but are not limited to an applicant’s proposed business plan and flow of funds, as well as an applicant’s business model. 

    Licensing State Issues Digital Assets State Regulators District of Columbia Money Service / Money Transmitters Bitcoin Virtual Currency

  • D.C. reaches $2.54 million settlement with online delivery company

    Courts

    On August 17, the Superior Court of the District of Columbia issued a consent order and judgment against an online delivery company resolving claims that it charged consumers millions of dollars in deceptive service fees. According to a press release issued by the D.C. AG, from 2016 until 2018, the company allegedly misled consumers into believing that service fees charged on their orders were tips that went to delivery workers. Instead, these fees went to the company to subsidize operating expenses. Without admitting any wrongdoing, the company agreed to pay $1.8 million to the district to go towards restitution and cover litigation costs. The company also agreed it will not seek refunds of $739,057 in previously disputed sales tax payments and will collect and remit sales tax on the total amount of the sales price it charges consumers going forward. Additionally, the company will cease making any misrepresentations about the nature of fees on consumer orders.

    Courts State Issues Consumer Finance Fees District of Columbia Settlement

  • DC passes debt collection bill

    State Issues

    On September 1, the District of Columbia Mayor signed B24-0347, which updates the District’s collection laws by expanding protections to cover most consumer debt, including medical and credit card debt, in addition to strengthening existing protections for DC consumers. Among other things, the bill: (i) prohibits excessive communications that qualifies as harassment, including making over three phone calls in a 7-day period; (ii) increases penalties for debt collection violations; (iii) clarifies that no one can be jailed for failing to pay a debt; (iv) prohibits debt collectors to communicate any information regarding a person’s debt to their employers or family members; and (v) clarifies that debt buyers are required to follow all laws applicable to debt collectors. The law is effective September 23.

    State Issues District of Columbia Debt Collection

  • D.C. enacts law extending obligations for debt collection, credit reporting, mortgage servicing, and evictions

    State Issues

    On March 17, the mayor of D.C. signed the Coronavirus Support Emergency Amendment Act of 2021. The act extends the most provisions of D.C.’s prior Covid-19 relief act (previously covered here and here) through June 15. Among other things, the act includes consumer protection provisions, including provisions regarding debt collection and credit reporting. It also provides housing and tenant protections, including in the areas of mortgage payment and late fee relief, and restrictions on evictions and foreclosures.

    State Issues Covid-19 District of Columbia Debt Collection Credit Report Mortgage Servicing Mortgages Evictions

  • Washington D.C. launches financial advisement hotline for those effected by Covid-19

    State Issues

    On  February 22, Washington D.C. Mayor Muriel Bowser announced that the District of Columbia Department of Insurance, Securities and Banking would be partnering with the United Planning Organization to administer a free hotline to connect District residents who were financially harmed by Covid-19 with trained financial “navigators.”  These navigators will offer advice and help connect residents to various programs and services to help manage income disruptions and other financial concerns, including foreclosure mediation.

    State Issues Covid-19 District of Columbia Mortgages Banking

  • D.C. enacts law extending obligations for debt collection, credit reporting, mortgage servicing, and evictions during the Covid-19 pandemic

    State Issues

    On August 19, the mayor of D.C. signed the Coronavirus Support Second Congressional Review Emergency Act of 2020. The act extends the provisions of D.C.’s prior Covid-19 relief act (previously covered here), which was set to expire after 90 days, until November 16. Among other things, the act includes consumer protection provisions, including provisions regarding debt collection and credit reporting. It also provides housing and tenant protections, including in the areas of mortgage relief, restrictions on evictions, and foreclosures.

    State Issues Covid-19 District of Columbia Debt Collection Credit Report Mortgage Servicing Evictions Mortgages Foreclosure

  • District of Columbia amends law relating to emergency credit alerts during Covid-19

    State Issues

    On July 7, the mayor of D.C. signed D.C. Act 23-0332, which amends the Coronavirus Support Congressional Review Emergency Amendment Act of 2020, previously covered here, and certain other laws to, among other things, add provisions relating to emergency credit alerts. Under the amendments, a user of a credit report may not consider adverse information in a consumer report that was the result of an action or inaction by the consumer that occurred during, and was the direct or indirect result of, a public health emergency declared by the mayor, if the credit report includes an emergency credit alert.

    State Issues Covid-19 District of Columbia Consumer Credit Credit Report Consumer Finance

Pages

Upcoming Events