California Federal Court Enters Final Judgment Against Debt Relief Company; Rules in Favor of CFPB

CFPB Debt Settlement

Last week, a California federal district court entered a final judgment against a California-based debt settlement company to resolve the CFPB’s charges that the company violated the Telemarketing Sales Rule and the CFPA. Specifically, the CFPB alleged that the company disguised illegal advance fees for its debt relief services as fees for bankruptcy-related services and misrepresented its services by making consumers believe that they would become debt free when, in fact, “few, if any” consumers became debt free using the company’s services. The court’s final judgment orders the company, which has declared bankruptcy, to pay (i) more than $132 million in restitution to borrowers enrolled in the company’s program between October 27, 2010 and June 18, 2015; and (ii) a $40 million civil money penalty. The order comes after an October 2015 order against the company’s owner, which ordered him to pay $500,000 in consumer redress and permanently banned him from the debt relief industry.