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Financial Services Law Insights and Observations

FTC Announces Action Against Data Brokers for Fraud Allegations, Settles with Three Defendants

FTC Payday Lending

Consumer Finance

On August 12, the FTC announced an action against a data broker enterprise for violations of the FTC Act. The FTC’s complaint alleges that, from at least 2011 to 2013, the data broker enterprise (i) sold payday loan applications to Ideal Financial Solutions and other non-lender third party companies for less than market value; and (ii) knew or had reason to know that Ideal Financial used the information to make unauthorized debits from consumers’ bank accounts. The complaint further alleges that the financial information of over 500,000 consumers was provided to Ideal Financial, which resulted in over $7.1 million of unauthorized debits to consumers’ accounts. Three of the defendants have agreed to settle the FTC’s allegations. The proposed settlement orders prohibit all three defendants from selling or otherwise benefitting from consumers’ personal information, and impose a $7.1 million judgment against two defendants and a $3.7 million judgment against the third. The settlement orders are subject to approval by the U.S. District Court for the District of Nevada.