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CFPB Alleges Unfair Acts with Auto Finance Add-On Product

Tuesday, June 1, 2021 On May 21, 2021, the Consumer Financial Protection Bureau (CFPB) and 3rd Generation, Inc. d/b/a California Auto Finance entered into a Consent Order in which the CFPB alleged unfair acts or practices in connection with an auto finance add-on product. What was the add-on product? According to the Consent Order, 3rd Generation purchases and services “subprime auto loans by taking assignment of retail-installment-sales contracts that automobile dealers make with borrowers.” As part of its loan agreement, 3rd Generation requires consumers to use its Loss Damage Waiver (LDW) product. 3rd Generation places the LDW product on the consumer’s account when the consumer has insufficient insurance; it “covers cancellation of the borrower’s debt in the event of a total vehicle loss, or the cost of a repair if the vehicle is not a total loss.” The addition of the LDW product on the consumer’s account results in a monthly LDW fee.

CFPB Auto Finance Consent Order: A Sign of Things to Come for Add-On Products? | Bradley Arant Boult Cummings LLP

CFPB Settles with Company to Resolve TSR and CFPA Violations | Weiner Brodsky Kider PC

CFPB Takes Action Against Company and its CEO for Deceptive Deposit and Loan Products

The Consumer Financial Protection Bureau (CFPB) today filed a proposed settlement against Driver Loan, LLC, and its CEO, Angelo Jose Sarjeant. If entered by the court, the settlement would require the defendants to refund about $1 million in deposits to harmed consumers, stop deceptive practices, and pay a civil penalty. The CFPB alleges that Driver Loan and Sarjeant violated

Context for another CFPB consent order involving loss damage waivers

Context for another CFPB consent order involving loss damage waivers Sunday, May. 23, 2021, 09:14 PM By Nick Zulovich WASHINGTON, D.C. -  Venable partner Allen Denson offered some context that might help finance companies understand why the Consumer Financial Protection Bureau (CFPB) reached its second consent order in less than a year through an action involving what the regulator deemed to be unfair loss damage waiver practices On Friday, the CFPB announced that it issued a consent order against 3rd Generation doing business as California Auto Finance for illegally charging interest for late payment on its loss damage waiver (LDW) product without its customers’ knowledge.

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