CFPB UDAAP Claim in Structured Settlement Factoring Case Moves Forward
On September 13, the U.S. District Court for the District of Maryland allowed a UDAAP claim brought by the CFPB to move forward in which the defendants allegedly employed abusive practices when purchasing structured settlements from consumers in exchange for lump-sum payments. The court also dismissed several UDAAP claims related to an attorney acting as a financial advisor in the transactions. The 2016 complaint alleged that defendants violated the Maryland Consumer Financial Protection Act (CFPA) by encouraging consumers to take advances on their structured settlements and falsely representing that the consumers were obligated to complete the structured settlement sale, “even if they [later] realized it was not in their best interest.” According to the complaint, many of the consumers “’did not understand the risks or conditions of the advances, including that the advances did not bind them to complete the transactions.” The CFPB also alleged several counts based on the conduct of an attorney acting as a financial advisor for the transactions, who allegedly provided “virtually no advice,” and whose services were arranged and directly paid by the structured settlement buyer.
In the order and memorandum, the court rejected several of the defendants’ arguments to dismiss based on procedural grounds and allowed the CFPB’s UDAAP claim against the structured settlement buyer and its officers to proceed. However, the court dismissed the claims related to the financial advisor, finding that he satisfied the requirements for an exemption under the CFPA for attorneys engaged in the practice of law.