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New York Attorney General Announces Joint Initiative to Protect Consumers from Foreclosure Rescue Scams
On December 7, New York Attorney General Eric Schneiderman announced a joint initiative with three New York media associations to curtail unlawful advertisements for foreclosure rescue scams. The three media associations sent letters to their members requesting that each member participate in the joint initiative and encouraged community media outlets “to review ads placed by foreclosure rescue companies to ensure that they comply with state disclosure laws.” Noting that scammed homeowners have frequently reported to the Attorney General’s office and local housing counseling partners that they were lured by ads placed in local media outlets, Schneiderman emphasized that foreclosure rescue ads often violate state and federal laws that “require individuals who advertise foreclosure prevention or loan modification services to include specific disclosures in their advertisements.”
Massachusetts AG Announces Settlements with Student Debt Relief Companies; Reveals Initiative to Aid Student Borrowers
On November 24, Massachusetts AG Maura Healey announced settlements with two student debt relief companies over allegations of charging consumers upfront fees prior to delivering the services offered. According to the AG’s Office, at least 200 students were affected by the companies’ deceptive practices, which included misleading consumers to believe that the companies were affiliated with the government or had special connections with the Department of Education and, therefore, could assist borrowers lower their monthly loan payments. To resolve the AG’s allegations, the companies will pay $56,000 and $40,000, respectively and agree to no longer provide or advertise services in Massachusetts.
Concurrent with the settlement announcements, the AG’s Office revealed an initiative designed to assist borrowers repay their loans. Working with trained attorneys in the Insurance and Financial Services Division, the new Student Loan Assistance Unit will provide borrowers with access to a dedicated hotline and mediation program. The program will review current student loan and payment situations to help borrowers (i) get out of default or delinquency; (ii) apply for various income-driven repayment plans offered by the federal government; and (iii) advocate for complete discharges of the loans in appropriate circumstances.
State AGs Urge Card Companies to Advance Consumer Protection by Implementing Chip and PIN Technology
On November 16, nine state attorneys general sent a letter urging leading card brands to expedite the implementation of chip and PIN technology in the United States. The letter summarizes research connected to recent data breaches, stating “individuals whose credit or debit cards were breached in the past year were nearly three times more likely to be an identity fraud victim.” Addressing concern that PIN technology would be burdensome or confusing to consumers, the AGs maintain that many consumers are accustomed to financial transactions that rely on PIN technology, such as transactions involving debit cards, and point to a November 2014 poll that indicated cardholders were supportive of chip and PIN technology. The AGs emphasize that PIN technology is “nothing new” and is considered the “gold standard” for payment card security, noting that countries around the world have seen a dramatic decrease in fraud since implementing the technology. Finally, while the letter stresses that chip and PIN technology would better protect both consumers and businesses from data breaches, it does not suggest that the technology be legally mandated at the federal or state level: “[T]his letter calls upon you as good corporate citizens to voluntarily expedite the implementation of existing technology that offers the most substantial security benefits, and to continue to adapt and improve security as quickly as possible as technology advances.”
Massachusetts AG Settles with Auto Lender Over Alleged "Excessive" Interest Rate Charges
On November 5, Massachusetts AG Maura Healey announced a settlement with a national auto lender to resolve allegations that the lender charged excessive interest rates on subprime auto loans. The company agreed to provide over $5 million – approximately $11,000 per consumer – in relief to those affected by its alleged practice of charging consumers excessive interest rates as a result of including fees from an add-on GAP insurance product. Under the terms of the assurance and discontinuance, the company will (i) eliminate the alleged excessive interest on certain loans as a result of the GAP fee; and (ii) forgive outstanding interest on loans. In addition, the company must pay $150,000 to Massachusetts and perform supervised audits of its existing loan portfolio to ensure that no additional consumers were overcharged because of GAP fees.
FTC Partners with Federal, State, and Local Law Enforcement Agencies to Announce Nationwide "Crackdown" on Abusive Debt Collection
On November 4, the FTC announced the first coordinated federal, state, and local initiative to combat alleged abusive and deceptive debt collection practices, Operation Collection Protection. This announcement included authorities listing 30 new actions, including five enforcement actions by the FTC. These actions targeted the following practices: (i) extracting payments from consumers by using intimidation and inaccurate representations; (ii) impersonating servers or attorneys and threatening arrest or litigation; and (iii) collecting on debts that never existed or had already been paid. These cases bring the total number of actions taken under the Operation Collection Protection initiative this year to 115 and the total number of participating law enforcement partners to 70.
New York Attorney General Asks Banks to Examine Consumer-Screening Protocols
On October 27, New York Attorney General Eric Schneiderman issued a letter to nearly 100 banks operating in New York requesting that they examine and revise their screening policies for deposit accounts to expand access to mainstream banking to the unbanked and underbanked communities. The letter is part of a 2013 initiative that led to agreements with five banks regarding their screening of applicants seeking to open checking or savings accounts. According to the New York AG’s office, its prior examination revealed that “many financial institutions reject applicants for minor financial missteps, even when those missteps occurred years ago, involved de minimis amounts, or otherwise did not reflect a consumer’s ability to pay responsibly.” In the prior agreements, the five banks committed to taking a number of steps to reform deposit account screening criteria to expand access. The recent letter urges approximately 100 banks to examine their practices and adopt similar measures.
State AGs File Amicus Brief With U.S. Supreme Court in FCRA Standing Case
On September 9, the Massachusetts Attorney General announced that her office, along with 12 other states and the District of Columbia, had filed with the U.S. Supreme Court an amicus brief supporting the plaintiff-respondent in Spokeo v. Robins. (Previous InfoBytes coverage can be seen here). The putative class-action plaintiff in that case claimed that an online data broker published inaccurate information about him in violation of the Fair Credit Reporting Act (FCRA). Reversing the district court, the U.S. Court of Appeals for the Ninth Circuit held that the violation of a statutory right created by FCRA was, in itself, a sufficient injury to confer standing to sue under Article III of the Constitution. In their multistate amicus brief, the AGs argued that the Supreme Court should affirm this holding. The states asserted that businesses frequently rely on consumer data profiles to make important credit, employment, housing, and insurance decisions. However, “the damage done by . . . an inaccurate data profile is frequently impossible for the affected consumer to detect or quantify,” they argued. Accordingly, “Congress rightly has authorized statutory damages for a willful violation of the FCRA.” The AGs asserted that, given their limited resources, statutory damage cases and private class actions are needed to supplement their own consumer protection actions.
NAAG Urging Congress to Refrain From Passing Federal Data Breach Legislation Preempting State Authority
On July 7, as Congress considers proposed legislation on data breach notification and security, the National Association of Attorneys General (NAAG) sent a letter to leaders of both houses of Congress urging them to refrain from passing federal data breach and identity theft laws that would preempt states’ authority to enforce their own legislation, or pass legislation that exceeds federal standards. The 47 state attorneys general argued that “preempting state law would make consumers less protected than they are right now” because (i) states are closer to people affected consumers and can better respond to their concerns; (ii) states are “better equipped to quickly adjust to the challenges presented by a data-driven economy”; (iii) although helpful for a national data breach, a single federal agency would be unable to “respond effectively” to the large number of smaller data breaches that “have a large impact in a particular state or region”; and (iv) “with the increasing speed rate of technological developments,” states need the ability to surpass minimal and continually obsolete federal requirements. Accordingly, the state attorneys general asserted it was “crucial” that they “maintain their enforcement authority under their states’ laws, and that any legislation be tailored to ensure complementary enforcement authority.”
Mobile App Developer Settles with FTC and New Jersey AG Over Virtual Currency Mining
On June 29, a mobile app developer entered into an agreement with the FTC and the New Jersey AG to settle allegations that the developer engaged in deceptive and unfair practices by marketing its rewards app, called “Prized,” as being free of malicious software, also known as “malware.” However, according to the FTC, the true purpose of the mobile app was to uploaded malware onto consumers’ mobile devices capable of mining virtual currencies for the software developer. This process allegedly reduced the battery life of consumers’ devices and caused consumers to burn through their monthly data plans. Under terms of settlement, the developer and accompanying mobile app are (i) prohibited from creating and distributing malicious software, and (ii) required to pay $50,000 to the state of New Jersey, with $5,200 due immediately, and the remaining $44,800 payable if the developer fails to comply with the terms of the consent order or the New Jersey Consumer Fraud Act within three years of the order.
Illinois AG Madigan Announces $1 Million Settlement Regarding Company's Management of Foreclosed Properties
On June 3, Illinois AG Madigan announced a $1 million settlement with an Ohio-based company that mortgage lenders hire to manage properties throughout the foreclosure process and ensure that the properties retain their value. The settlement resolves a 2013 lawsuit by Madigan that alleged that the company wrongly deemed homes vacant, and instructed its contractors to shut off utilities, change the properties’ locks and illegally remove residents’ personal belongings even though they actively remained in their homes. Under the settlement, the company agreed to overhaul its business practices by using objective standards to ensure that homes are vacant, such as: (i) requiring its inspectors to support their inspections with photographs and an affidavit; (ii) posting notice to the occupant that the property has been deemed vacant; (iii) not misrepresenting the occupants’ rights to stay in their home, even if they are behind on their mortgage payments and in foreclosure; (iv) increasing its oversight and quality control of its subcontractors; (v) providing consumers with access to a 24-hour hotline for submitting complaints; and (vi) unless the company obtains a court order, not removing any personal property prior to foreclosure.
In addition to the $1 million agreement, which will be paid in restitution to consumers who filed complaints with respect to the company’s business practices, the company agreed to adhere to ongoing monitoring by Madigan’s office to ensure compliance with the settlement.