Author Archives: Scott Michelman

Sen. Warren aims to bring auto loans under CFPB oversight

…but is having trouble finding allies even on her own side of the aisle, reports Politico. The reason? Although loans from car dealers "are often the largest kind of unregulated debt consumers have" (part of the reason Sen. Warren is seeking greater regulation), the auto dealer industry is powerful: The $730 billion auto-dealer industry enjoys […]

BoA pays fine, will reform practices, after OCC finds violations of servicemembers’ rights

Under a consent order between the Office of the Comptroller of the Currency (OCC) and Bank of America, BoA will pay a $30 million fine and increase oversight of servicemembers' accounts to prevent further violations of the Servicemembers Civil Relief Act. Among the violations found by the OCC here were improper debt collection procedures using affidavits […]

Department of Labor proposes new protections for employees of federal contractors

Yesterday, DOL proposed guidance and regulations that would protect workers in two important ways. First, corporations would be prevented from receiving federal contracts if they have bad worker safety records or histories of wage theft. Second, federal contractors would not be permitted to use employment contracts that impose forced arbitration on their workers. In a […]

Second Circuit: Nat’l Bank Act doesn’t preempt application of N.Y. usury law

The State of New York prohibits charging more than 25% interest. You'd think that would be plenty of profit for any lender, but Saliha Madden's creditors (Midland Funding and a sister entity) wanted more. When they sought to collect a higher rate of interest from her, she sued under state and federal law and sought […]

Challenge to sealed information in court decision on trademark suit vs. Amazon

Today, Professor Rebecca Tushnet of Georgetown Law (and of 43(B)log fame), represented by Public Citizen, filed motions to intervene and unseal court documents in a trademark dispute in which two companies claim that Amazon infringed their trademark by advertising the companies' product (a dietary supplement called SeroVital) even when the product wasn't available on Amazon […]

$82 million verdict against debt collection firm

Last week, a Missouri jury awarded about a quarter-million dollars in compensatory and $82 million in punitive damages to a woman who was hounded for over a year by debt collector Portfolio Recovery Associates for a $1100 debt that wasn’t hers. The problem, according to the plaintiff’s lawyer, is the debt collector tries to collect […]

Federal judge: banks deceived Fannie and Freddie on mortgage-backed securities

"The magnitude of falsity, conservatively measured, is enormous," wrote U.S. District Judge Denise Cote of the Southern District of New York near the start of her a 361-page ruling in Federal Housing Finance Agency v. Nomura Holding America, decided last week after a four-week trial. The core question at issue in the case, in which […]