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Philadelphia Lender Settles Redlining Case for $24 Million

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A Philadelphia mortgage lender owned by Berkshire Hathaway has agreed to pay $24 million to resolve lending discrimination claims in three states, the Department of Justice announced Wednesday, in what prosecutors have called the second-largest “redlining” settlement in the agency’s history, the Washington Post reported. Trident Mortgage Co. failed to provide mortgage lending services to neighborhoods of color in the Philadelphia metro area, which includes neighborhoods in Camden, N.J., and Wilmington, Del., from at least 2015 to 2019, federal officials said. The company engaged in a host of discriminatory practices, such as concentrating offices in majority-White neighborhoods and excluding qualified families from receiving credit. The complaint alleged that loan officers and other employees sent and received work emails containing racial slurs and demeaning references to communities of color, the department said. As part of the agreement to resolve the allegations, Trident will invest more than $20 million to increase credit opportunities in neighborhoods of color in the region, the department said. Because the company no longer operates a lending business, it will contract with another company to provide loan subsidies and services to the affected communities in and around Philadelphia, Camden and Wilmington. Trident also agreed to pay a $4 million civil penalty.

Federal Consumer Finance Watchdog to Tighten Bank Rules Around Money-Transfer Scams, Report Says

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The Consumer Financial Protection Bureau (CFPB) said that it plans to tighten rules around fraudulent money transfers via services like Zelle by pushing banks to repay more customers harmed by these alleged scams, CNBC reported. These services facilitate quick digital payments from person to person. The CFPB is preparing to issue guidance in the coming weeks that would raise banks’ financial obligations to customers who lose money in a payment-services scam. Banks generally only have liability for such transactions when they’re unauthorized by customers, but the CFPB could raise the bar by deeming payments made to a scammer as unauthorized. A spokesperson for Early Warning Services LLC, a group of seven banks that own Zelle, said the service has helped millions of consumers in their everyday lives, whether to pay rent, get money quickly when in need or satisfy debts to friends quickly. “Protecting consumers is one of our top priorities,” the spokesperson said. “As a network, we constantly adapt consumer protection measures to address the dynamic and evolving nature of deceptive activities fraudsters employ.”

CFPB Report Highlights Experiences of Military Families with Medical Billing, Credit Reporting, and Debt Collection

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The Consumer Financial Protection Bureau (CFPB) on June 13 released its annual report on the top financial concerns facing servicemembers, veterans, and military families, based on the complaints they submitted to the CFPB, according to a press release. Servicemembers told the CFPB about billing inaccuracies and that debt collectors used aggressive tactics to recover allegedly unpaid medical bills. Servicemembers also reported failures by credit reporting companies in helping to resolve inaccuracies and other credit reporting issues. “Errors on credit reports can jeopardize servicemembers’ financial readiness, and ultimately, their ability to protect our nation,” said CFPB Director Rohit Chopra. “No servicemember, veteran, or military family should be subject to credit reporting rumors and innuendo, nor should they feel coerced to pay a bill they do not owe.” Servicemembers, veterans, and military families have now submitted more than 250,000 consumer complaints since the CFPB began collecting complaints in 2011. In 2021, they submitted more than 42,000 complaints to the CFPB. The most common types of complaints — more than 60% — were about credit reporting and debt collection.

CFPB Seeks Ban Against Operator of Student Loan Debt Relief Scam Reboot

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The Consumer Financial Protection Bureau (CFPB) has taken action against the owner of a student-loan debt relief company for allegedly withdrawing hundreds of thousands of dollars from student borrowers’ bank accounts, without authorization, according to a press release on the agency’s website. The CFPB alleges that Frank Gebase, Jr. controlled a company that took the borrowers’ money after obtaining their names and account information from a previous student-loan debt-relief scammer that the CFPB shut down. The CFPB’s proposed settlement, if entered by the court, would ban Gebase from the debt-relief industry and order him to pay a penalty. On March 30, 2016, the CFPB ordered Student Aid Institute to shut down its debt-relief operations and rescind all of its consumer agreements. Gebase had leased office space to Student Aid Institute, and he was a longtime associate of its principal. In 2016, Gebase founded Processingstudentloans in San Diego, and he was the founder, sole owner, CEO, and sole corporate officer. The CFPB alleges that from approximately May 20, 2016 to April 5, 2017, Processingstudentloans was a non-bank provider of student-loan debt-relief services. As alleged in the complaint, without authorization, Processingstudentloans collected recurring fees from customers, typically $39 per month, stealing hundreds of thousands of dollars in total fees from hundreds of student loan borrowers. In addition to controlling Processingstudentloans and facilitating the debits, Gebase was aware or should have known that the debits were unauthorized and unlawful. By April 2017, under this scheme, Gebase’s company had unlawfully debited more than $240,000 from hundreds of student borrowers’ accounts.

CFPB Orders Bank of America to Pay $10 Million Penalty for Illegal Garnishments

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The Consumer Financial Protection Bureau (CFPB) finalized an enforcement action against Bank of America for processing illegal, out-of-state garnishment orders against its customers’ bank accounts. Bank of America unlawfully froze customer accounts, charged garnishment fees, garnished funds, and sent payments to creditors based on out-of-state garnishment court orders that should have been processed under the laws and protections of the states where the consumers lived, according to a CFPB press release. Bank of America also violated the law by inserting unfair and unenforceable language into customer contracts that purported to limit customers’ rights to challenge garnishments. The CFPB’s order requires Bank of America to refund or cancel imposed fees from unlawful garnishments, review and reform its system for processing garnishments, and pay a $10 million civil penalty. Since August 1, 2011, Bank of America unlawfully garnished at least 3,700 out-of-state accounts, and the customers whose accounts were garnished have paid at least $592,000 in garnishment fees. The CFPB found that Bank of America engaged in unfair and deceptive acts and practices that resulted in money from customers’ bank accounts being frozen or taken when the garnishments were not permissible under the state laws where the accounts were located.

MoneyGram Sued for Allegedly Delaying Transfers and Withholding Refunds

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The international money transfer company MoneyGram harmed customers by delaying transfers and failing to properly investigate and fix transfer errors, according to a lawsuit filed yesterday by the Consumer Financial Protection Bureau (CFPB) and New York’s attorney general, the New York Times reported. The suit accuses MoneyGram of repeatedly flouting a variety of consumer protection laws and failing to correct problems identified by regulators. Officials at the consumer bureau did not say specifically how many customers they believe were harmed, but they pointed to MoneyGram’s broad reach: The company transmits around $100 billion a year for some 47 million customers in 200 countries. Immigrant workers often rely on MoneyGram and its competitors to send money to relatives back home. “Consumers deserve to know where their money went,” Letitia James, New York’s attorney general, said in a statement. “Companies have an obligation to be transparent with consumers, treat them fairly and follow the law, but MoneyGram repeatedly failed to do so.” MoneyGram, in a written statement, called the lawsuit “frivolous.” The company has invested heavily “to build a best-in-class compliance program with record-low anti-fraud numbers designed to protect consumers against harm,” it said. Rohit Chopra, the consumer bureau’s director, cast MoneyGram’s actions as part of a pattern of misdeeds. The company paid $18 million in 2009 to settle fraud charges brought by the Federal Trade Commission, and paid $125 million in 2018 to settle charges that it had violated its earlier agreement with the commission and a 2012 deal with the Justice Department regarding its anti-fraud measures.

Veterans May Be Tricked into Taking Out Unnecessary Student Loans for College, Biden Administration Warns

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A recent federal review found a troubling trend: Veterans reported college advisers had led them to believe the government would cover the cost of their education, only to find out later that student loans would be necessary, USA Today reported. So the U.S. Department of Education is warning the nation's colleges not to swindle American veterans, and it's inviting vets who have been deceived to come forward with their experience. The warning marks one of the first public actions from a newly restarted enforcement unit within the Education Department. That office is meant to safeguard taxpayer money and ensure students get the education they pay for. Borrowers who feel they were misled into taking out loans should submit a complaint to the Federal Student Aid office. The return of the “enforcement unit” comes after former Education Secretary Betsy DeVos had deprioritized the office. Under DeVos, the government also rejected tens of thousands of people seeking financial relief and saying their colleges misled them. The Education Department was then the subject of a class-action lawsuit that remains ongoing. In October 2021, the Biden administration announced it would again create the office and said Kristen Donoghue, who previously had worked for the Consumer Financial Protection Bureau, would lead it. As of February, the Education Department has sent back nearly $2 billion to students who were able to prove their schools misled them. Most recently, the agency sent millions of dollars to students who were defrauded by DeVry University and other colleges that have since closed. But the Department still had a backlog of nearly 88,000 applications as of September 2021.

Bombshell Report Claims Student Loan Servicer Misled Student Loan Borrowers

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A new report released by the Communications Workers of America (CWA) and the Student Borrower Protection Center (SBPC) says their investigation into “the world’s largest student loan company” has uncovered new evidence of “systemic mismanagement, failure, and abuse,” Forbes reported. The investigation claims that Maximus, which is a student loan servicer for 13 million federal student loan borrowers and operates under the name “Aidvantage,” allegedly engaged in the following: sloppy student loan servicing; unfair student loan debt collection; and unlawful wage garnishment and improper seizure of public benefits. In response to their investigation, CWA and SBPC launched AidvantageWatch, a project to spotlight alleged misconduct by Maximus and to ensure fair treatment for all student loan borrowers. Borrowers can visit AidvantageWatch online to share their experience with Maximus/Aidvantage and to learn how to alert regulators and enforcement officials if they encounter deceptive or misleading conduct by the student loan company. “This report contains multiple significant errors of fact and context that mischaracterize the work we do for the FSA, including inaccurately describing the number and nature of consumer complaints about our student loan servicing work and falsely asserting that we are a student debt collector,” Maximus spokesperson Eileen Cassidy Rivera said. “We are not.” According to Rivera, Maximus disputes several claims made in the report, including that Maximus: shouldn’t be called a student loan servicing company, but a “government contractor that provides back-office services for the government”; does not perform student loan debt collection and does not make the rules that determine when a student loan is in default; and doesn’t set the rules or policy for garnishment or seizure for student loans in default.