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Other Federal Enforcement Actions

Numerous federal agencies have authority to institute enforcement proceedings against wrongdoers.  These agencies include:

  • The Department of the Treasury and its divisions including the Financial Crimes Enforcement Network (FINCEN), which is responsible for safeguarding the U.S. financial system from illicit use and money laundering including through enforcement of the Bank Secrecy Act, and the Office of Foreign Assets Control (OFAC), which enforces economic and trade sanctions. Whistleblowers with knowledge of violations of the Bank Secrecy Act can submit a claim under the Anti-Money Laundering Whistleblower Program.  Violations of other laws enforced by the Department of Treasury may give rise to claims under different whistleblower reward programs.
  • The Federal Trade Commission (FTC), which is charged with preventing anticompetitive, deceptive, and unfair business practices. The FTC can bring enforcement actions under U.S. antitrust laws and to stop unfair, deceptive and fraudulent business practices. The FTC does not have any authority to pay financial rewards to whistleblowers; however, conduct that is regulated by the FTC may also give rise to a claim under a different whistleblower reward program.
  • The Consumer Financial Protection Bureau (CFPB), created by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which regulates the offering and provision of consumer financial products or services under the federal consumer financial laws, and has the authority to bring enforcement actions against financial service providers. While the CFPB accepts tips from whistleblowers, and applicable laws offer whistleblowers protection from retaliation, there is currently no provision for CFPB whistleblowers to receive financial rewards. However, conduct that is regulated by the CFPB may also give rise to a claim under a different whistleblower reward program.
  • The Environmental Protection Agency, which enforces federal environmental laws and regulations. The EPA does not currently have any authority to pay financial rewards to whistleblowers; however, conduct that is regulated by the EPA may also give rise to a claim under a different whistleblower reward program, and a number of federal environmental laws protect government or private employees reporting environmental violations under the statutes from retaliation.

Below are summaries of recent settlements and successful enforcement actions involving these agencies. If you believe you have information about fraud which could give rise to a claim under a whistleblower reward program, please contact us to speak with one of our experienced whistleblower attorneys.

October 16, 2018

A Texas-based background screening company, RealPage, has agreed to pay the FTC $3 million to settle charges that it violated the Fair Credit Reporting Act (FCRA). According to the FTC, from about 2012 to 2017, RealPage used overly broad criteria and did not do enough to filter out non-responsive hits that came up in criminal record searches, causing countless people to be wrongly associated with criminal records and possibly turned down for housing and other opportunities. FTC

September 27, 2018

Refund checks cut from the record amount of $505 Million will be mailed to consumers who were victims of an enormous payday lending scheme which was run by AMG Services, Inc., and CEO of AMG Services, Scott A. Tucker. Tucker’s attorney, Timothy Muir, was also involved. The refunds come out of the $1.3 billion civil court judgment and order against Tucker and his companies. They were found guilty of violating the FTC Act and the Truth in Lending Act for deceiving and taking advantage of millions of consumers from 1997 to 2013. They charged consumers exceedingly high interest rates and fees on short-term loans. Additionally, they worked out a scam to automatically withdraw interest payments from a consumer’s loan balance without touching the principal, leading to loan renewal on the next payday. In October, 2017, criminal convictions were obtained against Tucker by the U.S. Attorney’s Office for the Southern District of New York. He was sentenced in 2018 to 16 years and 8 months in prison. Tucker’s attorney was sentenced to seven years. The Federal Trade Commission and U.S. Department of Justice are working together to mail the 1,179, 803 refund checks across the country. DOJ; FTC  

September 17, 2018

A temporary restraining order has been issued by a federal court against two brothers, Steven and Kevin Shayan, and their four companies for allegedly using false marketing claims in online rental listings for low income housing, a violation of the FTC Act. Websites such as ApartmentHunterz.com and WeTakeSection8.com required housing hunters to pay weekly subscriptions of $14.99 or bimonthly subscriptions of $49 to access listings that were supposedly exclusive and up to date. On the contrary, many of the listings were no longer active or did not accept Section 8 housing vouchers. FTC

September 6, 2018

Two copycat military website operators—Sunkey Publishing, Inc. and Fanmail.com, LLC—have settled with the Federal Trade Commission (FTC) for violating the FTC Act and the FTC's Telemarketing Sales Rule (TSR). In addition to deceiving potential enlistees into providing personal information, the operators sold the information to schools as marketing leads, placed illegal telemarketing calls to people on the Do Not Call list, and gave potential enlistees the false impression that certain schools were endorsed by the military. As part of the settlement, they will turn over the websites and pay a suspended penalty of $12.1 million. FTC

July 20, 2018

The CFPB announced a proposed settlement with TCF National Bank regarding the bank’s marketing and sale of overdraft services. TCF allegedly obscured the overdraft fees it charged and made consenting to overdraft fees seem mandatory for new customers to open an account. TCF has agreed to pay $25 million in restitution to customers who were charged overdraft fees and has agreed to an injunction to prevent future violations. CFPB

June 13, 2018

South Carolina-based Security Group Inc. and two of its subsidiaries will pay a $5 million civil penalty to resolve charges they engaged in improper debt collection practices, including calling consumers at work and physically blocking them from leaving their homes. The settlement also resolves allegations the Security Group entities provided inaccurate and incomplete consumer data to credit reporting agencies. CFPB

April 20, 2018

The CFPB assessed a $1 billion penalty against Wells Fargo Bank, N.A. for violating the CFPA in how it administered a mandatory insurance program related to its auto loans and how it charged certain borrowers for mortgage interest rate-lock extensions. CFPB

November 21, 2017

The CFPB ordered Citibank, N.A. to pay $3.75 million in redress to consumers and a $2.75 million civil money penalty for misleading borrowers into believing that they were not eligible for a valuable tax deduction on interest paid on certain student loans, incorrectly charging late fees and added interest to the student loan balances of borrowers who were still in school and eligible to defer their loan payments, and misleading consumers about how much they had to pay in their monthly bills and failing to disclose required information after denying borrowers’ requests to release loan cosigners. CFPB

November 20, 2017

The CFPB fined Xerox Business Services, LLC, now called Conduent Business Services, a $1.1 million civil penalty for software errors that led to the sending of incorrect consumer information about more than one million borrowers to credit reporting agencies. The company also failed to notify all of its auto lender clients about known flaws in its software that led to the errors. CFPB

November 15, 2017

The CFPB sued Think Finance for its role in deceiving consumers into repaying loans that were not legally owed. The Bureau seeks to recoup relief for harmed consumers and impose a penalty. CFPB
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