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Friday, July 07, 2017

Ira Rheingold Op-Ed on Wells Fargo and a Different Arbitration Dispute

by Jeff Sovern

Different, that is, from arbitrations over the unauthorized accounts, about which we have reported (Wells has agreed to set aside its arbitration clause in the unauthorized account dispute and settle the claims in a class action; court approval is pending but seems likely). Ira's piece, titled Courts, Regulators Must Stop Wells Fargo’s Rigged Arbitration System appears in the Morning Consult. Excerpt:

The 11th Circuit Court of Appeals is scheduled to hear arguments in August over Wells Fargo’s abusive overdraft fee practices. Not content to rake in the profits at up to $35 per fee, banks like Wells Fargo began a deeply cynical and abusive practice: By re-ordering a customers’ transactions, banks could ensure the largest-dollar items were charged to your account first, resulting in additional fees when lower-dollar transactions, which had been completed earlier, hit your empty bank account. Instead of being charged one overdraft fee, you would be hit with several * * *

* * *

Wells Fargo, on the other hand, refuses to reimburse its customers. Instead, the bank has spent years trying to force its customers into a complicated arbitration process, which would in reality provide little chance of recovering the money that was stolen through these overdraft fees.

 

 

 

Posted by Jeff Sovern on Friday, July 07, 2017 at 11:13 AM in Arbitration, Class Actions, Consumer Financial Protection Bureau, Consumer Litigation | Permalink | Comments (0)

Thursday, July 06, 2017

Who Is Jeffrey Joseph, CFPB Critic?

by Jeff Sovern

Last month, Jeffrey Joseph posted Tyrannical CFPB tarnishes July 4th holiday in The Hill. Well, ok; others have so claimed, including House Financial Services Chair Jeb Hensarling. Joseph is described at the end of the op-ed only as "a business professor at the George Washington University School of Business."  I was curious to see what Professor Joseph's background was, so I went to the GW web site. But I couldn't find his bio there.  It seems that GW posts only the bios of full-time professors, and not adjuncts.  Adjuncts provide valuable instruction, but often an adjunct professor has another affiliation which is full-time and considered of greater significance than a part-time teaching gig, and so more worthy of listing in an op-ed.  Perhaps Professor Joseph doesn't (he could be retired or independently wealthy, for example). In most cases, this wouldn't matter, because if Professor Joseph's arguments are well-taken, his background is irrelevant; it's the argument that counts, after all.  But the text of Professor Joseph's op-ed has been challenged.  For example, after Professor Joseph described the Center for Responsible Lending as having "expressed concern about the {CFPB's] dictatorial leadership structure," CRL head Michael Calhoun posted his own op-ed in The Hill, CFPB protects Americans from predatory loan sharks, accusing Joseph as having taken Calhoun's words out of context and mischaracterizing them.  Calhoun also pointed out that Joseph discussed the PHH panel decision without noting that it has been vacated by the D.C. Circuit. Along the way, Calhoun effectively defends the CFPB from the current attacks on it.

As Joseph's title implies, much of his piece is taken up by the CFPB's structure, but he also uses the CFPB's payday regulation as his only example, of, as he puts it "the CFPB’s judicious rulemaking which has carried billions of dollars in costs. Take payday loans: The CFPB now requires payday lenders—the issuers of short-term loans to low-income borrowers—to verify a borrower’s income, major financial obligations, and borrowing history before issuing any loan." Except that, unless I have missed something, the CFPB has not actually issued a payday rule.  True, it has proposed one, but until the Bureau issues its rule, we won't know what its effect will be.

I still wonder what Joseph's background is. 

Posted by Jeff Sovern on Thursday, July 06, 2017 at 06:37 PM in Consumer Financial Protection Bureau, Predatory Lending | Permalink | Comments (1)

Recent FTC consumer protection efforts

Yesterday, the Federal Trade Commission announced two actions potentially of interest to readers:

The FTC announced that it halted an operation that unlawfully shared and sold consumers' sensitive data. The operators of a lead generation business agreed to settle charges brought by the FTC that the company misled consumers into filling out loan applications and sold those applications – including consumers’ sensitive data – to virtually anyone willing to pay for the leads. The press release is here.

The FTC also announced that it was starting to mail 173,000 refund checks totaling more than $49 million to students in compensation for DeVry University’s allegedly misleading ads, which the FTC alleged deceived students about their likelihood of finding jobs in their field of study and the income level they could achieve upon graduation. The FTC's press release is here.

Posted by Allison Zieve on Thursday, July 06, 2017 at 09:50 AM | Permalink | Comments (0)

Wednesday, July 05, 2017

USA Today: Millions of student loans could be headed for a shakeup in coming months

Here. Excerpt:

Some changes by the Trump administration are already unfolding. The Education Department plans to consolidate the number of federal loan servicing companies from nine to one. Administration officials also have discussed moving the federal loan program from the Education Department to the Treasury Department. Meanwhile, the Trump administration announced plans to roll back two federal regulations aimed at helping borrowers who say they were misled by for-profit colleges. 

With other legislative agendas, such as health care, keeping the White House busy for the moment, many of the proposed changes in students loans likely will not be enacted until next year, if ever. But the industry anticipates the role of the private sector — which now accounts for only about 10% of the student loan volume — will increase as Trump asserts his agenda, said Stephen Dash, CEO of Credible.com, a loan-rate shopping site.

The article reports various pending proposals for student loans.

Posted by Jeff Sovern on Wednesday, July 05, 2017 at 02:24 PM in Student Loans | Permalink | Comments (0)

USA Today Editorial: Republicans side with banks over consumers

by Jeff Sovern

Here.  Excerpt:

Faced with a choice between helping their constituents or helping themselves to a campaign donation haul, House Republicans are siding with deep pockets.

All but one of the House’s 234 Republicans voted last month to gut a powerful agency — the Consumer Financial Protection Bureau — that banks, credit card issuers, debt collectors and other financial players have been seeking to weaken for years. No Democrats voted in favor of the measure.

These special interests routinely shower lawmakers with campaign cash: Commercial banks and their trade association political action committees (PACs) gave Republicans running for federal office in 2016 more than $9 million, nearly 75% of their total giving. Finance and credit company PACs handed over $2.8 million to GOP candidates.

Richard Hunt of the Consumer Bankers Association has an opposing column here. His column focuses on the CFPB's structure and doesn't address the content of the Financial Choice Act, which the USA Today editorial discusses.

Posted by Jeff Sovern on Wednesday, July 05, 2017 at 02:19 PM in Consumer Financial Protection Bureau, Consumer Legislative Policy | Permalink | Comments (0)

Tuesday, July 04, 2017

Deanne Loonin: Overhauling Federal Student Loan Repayment

Part 1 is here and part 2 is here. Excerpt:

In my years of experience representing student loan borrowers, I have consistently seen servicers putting their own interests, or what they perceive to be the government’s interests, first. They rarely counsel student borrowers about the range of student loan relief programs, too often ignoring the fact that eligible borrowers are legally entitled to relief. As a result, some of the most vulnerable borrowers never know about the lifelines that could help them get a fresh start and climb out from under mountains of student loan debt.

Posted by Jeff Sovern on Tuesday, July 04, 2017 at 11:19 AM in Student Loans | Permalink | Comments (0)

Monday, July 03, 2017

Recent announcements of DOJ's Consumer Protection Branch

June 26, 2017 - Owner of New England Compounding Center Sentenced for Racketeering Leading to Nationwide Fungal Meningitis Outbreak

June 22, 2017 - Pharmacy Owner and Director of Compliance Charged with Defrauding United States and Distributing Adulterated Drugs

June 15, 2017 - Department of Justice Observes World Elder Abuse Awareness Day

June 15, 2017 - District Court Enters Permanent Injunction Against Florida and New Jersey Companies and Senior Managers to Stop the Distribution of Unapproved, Misbranded, and Adulterated Drugs

June 8, 2017 - Former Auto Body Repair Shop Owner Sentenced for Role in Odometer and Title Fraud Scheme

June 6, 2017 - Justice Department, with FTC, Wins Largest-Ever Telemarketing Penalty Against Dish Network

June 2, 2017 - South Florida Man Sentenced in Connection with Lottery Fraud Scheme Based in Jamaica

May 31, 2017 - Georgia Dealer and Title Clerk Sentenced in Odometer Fraud Scheme

May 4, 2017 - District Court Enters Permanent Injunction Against Florida Company and Senior Managers to Stop the Distribution of Misbranded and Adulterated Medicated Animal Feeds

April 10, 2017 - California Twice Convicted Felon Sentenced to Prison for Operating Fake Law Firms That Promised to Help Struggling Homeowners

Posted by Allison Zieve on Monday, July 03, 2017 at 10:04 AM | Permalink | Comments (0)

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