At a glanceWednesday, December 21, 2022

Collection Industry News At A Glance - December 21, 2022
Wednesday December 21, 2022
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Articles

 
Credit Unions Can Gain Amid Consumers’ Dissatisfaction in a Gloomy Economy

Consumers are feeling the impact of high inflation. Prices in October were 7.7% higher than the year before, and though prices have dropped somewhat in recent months, inflation remains well above the Federal Reserve’s desired level of 2%. Worryingly, 77% of fund managers believe a recession is likely next year, according to a Bank of America survey.

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State Attorneys General File Briefs with Supreme Court on CFPB Structure Case

Republican and Democrat state attorneys general have filed briefs to the U.S. Supreme Court with their input on a 5th Circuit Court of Appeals’ decision declaring the Consumer Financial Protection Bureau’s funding structure unconstitutional.

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CFPB Report Finds Household Financial Health is Declining after Several Years of Increased Savings

WASHINGTON, D.C. – Today, the Consumer Financial Protection Bureau (CFPB) released a new Making Ends Meet report covering the financial health of American households. Since 2019, the annual Making Ends Meet consumer surveys showed improvement in financial health during the first few years of the COVID-19 pandemic, due in part to a tight labor market, reductions in consumer spending, and access to pandemic-related relief programs.

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Federal Trade Commission Extends Public Comment Period on Potential Rule Regarding the Harms Caused by Junk Fees in the Economy

On October 22, 2022, the Federal Trade Commission announced it is seeking public comments on whether it should explore a rule regarding the harms caused by junk fees and the unfair or deceptive tactics companies use to impose them.

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DFPI Moves to Revoke BlockFi’s CA Financing Law License

SACRAMENTO – The Department of Financial Protection and Innovation today announced that Commissioner Clothilde V. Hewlett has moved to revoke BlockFi Lending LLC’s (BlockFi) California Financing Law (CFL) license.

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Debt Collection and Technology – Welcome to the New Normal

There are a variety of ways in which accounts, or debts, are collected. However, aging technology and legacy servicing (collection) infrastructure restricts a lender’s ability to leverage automation and technology.

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Rising car repossessions trend warning sign for economy, report says

Car repossessions are on the rise, and financial analysts fear the trend will continue, according to a report.

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Debt collectors, reform advocates spar in court over fate of Prop. 209

The lawsuit seeking to void voter-approved medical debt reforms in Proposition 209 should be rejected because it’s too vague and doesn’t sufficiently prove its claim that the new laws cause harm, said attorneys for the state and Healthcare Rising Arizona, which ran the ballot measure’s campaign. 

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Prepared Remarks of CFPB Director Rohit Chopra on the Wells Fargo Law Enforcement Action | Consumer Financial Protection Bureau

Wells Fargo is one of the most powerful banks in the world. Unlike some other massive U.S. banks, Wells Fargo primarily concentrates on consumer banking. One in three American households are customers and are affected by its corporate culture and business practices.

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CFPB Orders Wells Fargo to Pay $3.7 Billion for Widespread Mismanagement of Auto Loans, Mortgages, and Deposit Accounts

WASHINGTON, D.C. – The Consumer Financial Protection Bureau (CFPB) is ordering Wells Fargo Bank to pay more than $2 billion in redress to consumers and a $1.7 billion civil penalty for legal violations across several of its largest product lines. The bank’s illegal conduct led to billions of dollars in financial harm to its customers and, for thousands of customers, the loss of their vehicles and homes. 

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Wells Fargo to pay $3.7B over consumer law violations

WASHINGTON (AP) — Consumer banking giant Wells Fargo agreed to pay $3.7 billion to settle a laundry list of charges that it harmed consumers by charging illegal fees and interest on auto loans and mortgages, as well as incorrectly applied overdraft fees against savings and checking accounts.

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Senate Banking Committee Priorities with CFPB Laid Out During Hearing

Republican and Democrat leaders on the Senate Committee on Banking, Housing and Urban Affairs divided their Dec. 15 hearing with Consumer Financial Protection Bureau Director Rohit Chopra between discussion supporting the bureau’s continued actions on medical debt credit reporting and changing the leadership in charge of those actions to a five-member bipartisan commission funded through congressional appropriations.

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Still time to save: Student loan refinance rates hold steady for 5-year variable-rate loans

Rates for well-qualified borrowers using the Credible marketplace to refinance student loans rose this week for 10-year fixed-rate loans and remained unchanged for 5-year variable-rate loans.

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Wells Fargo to pay $3.7B over consumer law violations

WASHINGTON (AP) — Consumer banking giant Wells Fargo agreed to pay $3.7 billion to settle a laundry list of charges that it harmed consumers by charging illegal fees and interest on auto loans and mortgages, as well as incorrectly applied overdraft fees against savings and checking accounts.

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CFPB Intensifies Focus on Consumer Reporting Agencies

In recent weeks, the Consumer Financial Protection Bureau (CFPB), the U.S. government agency that is charged with implementing and enforcing federal consumer financial law, has taken an increasingly active approach on a range of topics relating to credit reporting and background checks. In the last eight weeks, the agency has taken action aimed at protecting on five separate occasions.

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Consumer Alert: Scammers Look to Take Advantage of Student Loan Changes

As the student loan landscape continues to evolve, including the recent announcement extending the payment pause, borrowers face shifting deadlines, confusion, and uncertainty. But be careful: these challenges could represent an early holiday gift to scammers looking to trick borrowers into handing over their money or personal information.

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CFPB Complaint Bulletin Analyzes Crypto Asset Complaints Since 2018

The CFPB recently published its November 2022 Complaint Bulletin analyzing consumer complaints related to crypto assets.  The Bulletin notes that between October 2018 and September 2022 more than 8,300 such complaints were submitted to the CFPB, with the largest numbers of complaints originating in California, Florida, New York, and Texas.

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House Committee Tackles CFPB’s Approach to Enforcement vs. Guidance in Hearing with Director Rohit Chopra

In its last hearing of the 117th Congress Wednesday, the House Financial Services Committee (HFSC) reviewed the Consumer Financial Protection Bureau’s actions in the last year under the leadership of Director Rohit Chopra, including the bureau’s approach to rulemaking and jurisdictional issues on topics such as fees and medical debt credit reporting.

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Car repossessions are on the rise in warning sign for the economy

WASHINGTON — A growing number of consumers are falling behind on their car payments, a trend financial analysts fear will continue, in a sign of the strain soaring car prices and prolonged inflation are having on household budgets. 

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Credit Card Delinquency Data Hints at Pressures

Reports from banks and payment networks show credit card delinquency rates are on the rise. Connect the dots, and the data hints at trouble ahead in the paycheck-to-paycheck economy.

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CFPB Proposes Online Registry of Nonbank Financial Lawbreakers 

A regulator has proposed creating a registry of nonbank financial lawbreakers to detect “repeat offenders.” The Consumer Financial Protection Bureau (CFPB) has proposed that certain nonbank financial firms be required to register with it when they become subject to certain consumer financial protection agency or court orders

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December 15, 2022: Capital One to Pay $2 Million to Settle Debt Collection Lawsuit

Los Angeles County District Attorney George Gascón announced today that Capital One, N.A., will pay $2 million to settle a civil lawsuit alleging the company made unreasonably excessive calls to collect past due accounts.

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23K student loan borrowers could benefit from $19 million settlement

About 23,000 student loan borrowers could get a monetary benefit from a $19 million settlement with five student loan companies, according to the Consumer Financial Protection Bureau (CFPB).

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State AGs, Federal Regulators Gather to Discuss Tech Competition, ESG, Privacy, and More

Last week, the National Association of Attorneys General (NAAG) held its annual Capital Forum in Washington, DC, which provided AGs, AG staff, and private sector attendees the opportunity to engage with each other as well as federal officials, to discuss important policy issues and learn about the latest state and federal legal developments.

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51 AGs Show Support for FCC Proposal Requiring Wireless Providers to Block Spam Texts

The National Association of Attorneys General (NAAG) sent a letter on behalf of a coalition of 51 AGs supporting an FCC proposal meant to cut down on the number of unwanted text messages received by consumers. The letter was sent in response to an FCC request for comment on the proposal, which would require mobile wireless providers to block likely fraudulent text messages at the network level.

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Crypto Bank Silvergate Hit With Class Action Lawsuit Over FTX, Alameda Dealings

Silvergate is liable for its role in “furthering FTX’s investment fraud” and breaches of fiduciary duty, alleges a new class action suit.

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Notice of Availability of Revised Consumer Information Publication

The Consumer Financial Protection Bureau (Bureau or CFPB) announces the availability of an updated consumer publication, “What You Should Know about Home Equity Lines of Credit,” also known as the HELOC booklet, required by the Truth in Lending Act (TILA), as implemented by Regulation Z. This version of the HELOC booklet is updated to align with the Bureau's educational efforts, to be more concise, and to improve readability and usability.

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FTC Action Leads to Permanent Ban for Scammers Behind ‘The Credit Game’ Credit Repair Scheme

As a result of a Federal Trade Commission lawsuit, the operators of “The Credit Game,” a credit repair scheme that cost consumers millions of dollars, face a lifetime banfrom the credit repair industry in proposed court orders filed today.

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OCC Reports Improvement in Overall Mortgage Performance

WASHINGTON—The Office of the Comptroller of the Currency (OCC) reported that the performance of first-lien mortgages in the federal banking system improved during the third quarter of 2022. The OCC Mortgage Metrics Report, Third Quarter 2022 showed that 97.2 percent of mortgages included in the report were current and performing at the end of the quarter, compared to 95.6 percent a year earlier.

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Michigan credit union to acquire Florida bank in year’s 13th such tie-up

Grand Blanc, Michigan-based Dort Financial Credit Union has agreed to acquire West Palm Beach, Florida-based Flagler Bank, the companies announced Monday.

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Consumers harmed by prison financial services company JPay to receive compensation

In October 2021, the CFPB penalized the prison financial services company JPay for violating the Consumer Financial Protection Act (CFPA) by charging consumers fees to access their own money on prepaid debit cards that consumers were forced to use.

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Attorney General Bonta Files Friend-of-the-Court Brief in Defense of CFPB Funding Structure, Enforcement Authority

OAKLAND – California Attorney General Rob Bonta, as part of a coalition of 22 attorneys general, filed an amicus brief in the U.S. Supreme Court in support of the Consumer Financial Protection Bureau’s (CFPB) petition for review of a Fifth Circuit decision finding that the agency’s funding mechanism is unconstitutional.

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U.S. consumer loan delinquencies seen surging to 13-year high in 2023 – study

NEW YORK, Dec 14 (Reuters) - U.S. consumers will fall behind on their personal loan and credit card payments next year at the highest rates since 2010, according to forecasts from TransUnion, a major consumer credit rating agency.

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CFPB Proposed Rule Aims to Publicly Identify Companies Facing Enforcement Actions

The Consumer Financial Protection Bureau has added a proposed rule to its list for 2022 that would require certain nonbank covered entities, including debt collectors, to register with the bureau “when they become subject to certain local, state, or federal consumer protection agency or court orders.”

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New Legislation Protects New Yorkers with Medical Debt

New York Governor Kathy Hochul recently signed legislation designed to prevent New York hospitals and medical providers from employing certain collection practices against patients with medical debt. This protection became effective immediately upon the Governor’s signing.

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Mortgage rates drop for fifth week in a row

Washington, DC CNN — Mortgage rates fell once again this week, dipping for the fifth straight week.

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SUPERINTENDENT ADRIENNE A. HARRIS RELEASES VIRTUAL CURRENCY GUIDANCE FOR BANKING ORGANIZATIONS

Today, New York Department of Financial Services (DFS) Superintendent Adrienne A. Harris released Guidance to banking organizations that wish to engage in virtual currency-related activities. The Guidance is applicable to all New York regulated banking organizations, as well as branches and agencies of foreign banking organizations licensed by the Department (“Covered Institutions”).

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Here’s what the Federal Reserve’s half-point rate hike means for you

The Federal Reserve raised its target federal funds rate by 0.5 percentage points at the end of its two-day meeting Wednesday in a continued effort to cool inflation.

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The Education Department ‘failed to protect some of the most vulnerable student-loan borrowers’ who had their wages stripped from them illegally during the pandemic, Elizabeth Warren says of a new ‘alarming report’

On Thursday, the Student Borrower Protection Center released a report that found, via a Freedom of Information Act (FOIA) request submitted by advocacy group Student Defense, that the Education Department continued to garnish student-loan borrowers' wages after Congress required the department to cease those collection tactics when the pandemic began in March 2020.

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Retail sales have dropped significantly

Minneapolis CNN — Black Friday may have been back in fashion this year, but the strong turnout at the start of the holiday shopping season last month wasn’t enough to counter a broader consumer pullback in spending.

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Prepared Statement of Director Rohit Chopra before the House Committee on Financial Services

Our economy and our consumer finance markets are truly in transition, out of a pandemic and further into the digital era. I will offer some observations about the state of the economy today, as well as what the CFPB is doing to prepare for the future, especially as we confront the challenges of Big Tech in banking. I will also highlight a number of opportunities for bipartisan reforms.

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Industry Events

 
RMAi 2023 Annual Conference

Join us in Las Vegas, February 6-9, for the 2023 RMAI Annual Conference. Registration opens October 3, 2022.


Las Vegas , Nevada
February 06 - 09 , 2023

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