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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.
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  • 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.
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  • 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.
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  • 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.
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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.

				

			

			
						
					
			

	
		
		

			

				
				
March 2, 2023

				 Online counseling service BetterHelp, Inc. has been ordered to pay $7.8 million for selling its clients’ confidential information to Facebook, Snapchat, and other third parties for targeted advertising, despite repeatedly representing to clients that it would not, and despite denying news reports in 2020 that it was doing so.  In order to be matched with a counselor, BetterHelp required potential clients to answer questionnaires about sensitive mental health information, including whether they had suicidal ideations or used medications.  The company then sold that information, along with client email and IP addresses, without informing clients and without placing limits on how other companies used that information.  Under the proposed order, clients who signed up between 2017 and 2020 will be provided partial refunds, and BetterHelp must take corrective action to better protect client privacy.  FTC				 					 

						
Tagged in:
													  Misrepresentations, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
February 23, 2023

				 A collection of corporate entities known as TitleMax has been ordered to pay a $10 million civil monetary penalty and $5 million in consumer relief for defrauding military families and other consumers while providing auto title loans.  TitleMax, which extends short-term, high-cost loans secured by auto titles, was found to have charged consumers nearly three times over the 36% annual interest rate cap.  This is not the first time TitleMax has been accused of similar misconduct; in 2016, the company was ordered to pay a $9 million penalty to settle similar charges.  CFPB				 			
	
		
		
	


 			




	
		
		

			

				
				
February 22, 2023

				 In the FTC and DOJ’s first enforcement action under the Health Breach Notification Rule, online prescription drug discount provider GoodRx Holdings Inc.—which does business as GoodRx Gold, GoodRx Care, and Hey Doctor—has been ordered to pay $1.5 million in civil penalties and take corrective action, after it was found to have disclosed the personal health information of millions of its users without their knowledge or consent, despite assuring users it would not.  The disclosure involved personally identifying information, including health conditions and medications used, which were shared with Facebook, Google, and other third parties for advertising purposes.  FTC, DOJ				 					 

						
Tagged in:
													  Misrepresentations, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 24, 2023

				 Popular Bank was fined $2.3 million by the Federal Reserve Board following an investigation into its processing of Paycheck Protection Program loans.  Popular Bank was approved as a PPP lender by the Small Business Administration, and was required to follow the Bank Secrecy Act and program guidelines, including verification of customer identity and the documentation, investigation, and reporting of suspicious activities.  The Board’s Consent Order found that in August 2020, the Bank processed and funded six PPP loans, totaling approximately $1.1 million, despite having detected that the loan applications contained significant indicia of potential fraud.  The Bank self-reported to the Board.  Fed				 					 

						
Tagged in:
													  COVID-19, 
													  Financial Institution Fraud, 
													  Government Loan Programs, 
													  Money Laundering, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
January 23, 2023

				 HomeAdvisor, Inc.—which also does business as Angi Leads and HomeAdvisor Powered by Angi, and is affiliated with the company formerly known as Angie’s List—has been ordered to pay $7.2 million for using deceptive and misleading tactics to sell home improvement project leads to service providers.  The service providers, including small businesses, are required to pay fees amounting to hundreds of dollars in order to access project leads, which many did based on HomeAdvisor’s claims about the quality, source, and rates of those leads.  FTC				 			
	
		
		
	


 			




	
		
		

			

				
				
January 23, 2023

				 Credit Karma has been ordered to pay $3 million after the FTC found that it “deployed dark patterns” to lead consumers to believe they were pre-approved for credit cards and apply for offers.  In many instances however, the consumers did not actually qualify.  According to the FTC, proceeds from the settlement will be sent to affected consumers who wasted time applying.  FTC				 			
	
		
		
	


 			




	
		
		

			

				
				
December 20, 2022

				 Wells Fargo will pay a $1.7 billion penalty, and more than $2 billion in consumer restitution, following findings by the CFPB that the bank engaged in unlawful conduct including the imposition of improper fees and interest charges on auto and mortgage loans, misapplication of payments on such loans, and the imposition of unlawful surprise overdraft fees.  Wells Fargo’s failures in its servicing of auto loans resulted in the wrongful repossession of borrowers’ vehicles, and its improper denial of mortgage modifications led to some customers losing their homes to wrongful foreclosures.  According to the CFPB, the bank knew about problems in its account management and servicing for years before it took steps to correct them.  CFPB				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
													  Financial Institution Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
September 28, 2022

				 Alabama-based Regions Bank, which operates thousands of branches and ATMs across 16 states, has been ordered to pay $50 million to the CFPB’s victims relief fund and refund at least $141 million to customers, after the CFPB found it charged surprise overdraft fees to customers told they had sufficient funds.  Leadership was also found to have known about the illegal practice long before it ended in 2021, but chose to wait until they could make up the revenue, which made up 17.7% of their non-interest income, in other ways.  CFPB				 					 

						
Tagged in:
													  Financial Institution Fraud, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 29, 2022

				 First American Payment Systems—a merchant payment processing provider—and two sales affiliates have been ordered to return $4.9 million to businesses harmed by FAPS’ hidden terms, surprise exit fees, and zombie charges. FAPS’ preyed mostly on merchants with limited English proficiency, promising low costs and an easy exit, but hit them with surprise fees and illegal charges when the customers tried to get out. In addition to the monetary penalty, FAPS is required to stop misleading customers about fees and pricing, stop unauthorized bank withdrawals, make service cancellation easier, and stop charging early termination fees. FTC				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
													  Misrepresentations, 
												
						

					
	
							
	
		
		
	


 			




	
		
		

			

				
				
July 28, 2022

				 U.S. Bank will pay a $37.5 million penalty and is required to make harmed customers whole for illegally accessing their credit reports and opening new, unauthorized accounts in these customers’ names. The bank’s actions violated the Consumer Financial Protection Act, the Fair Credit Reporting Act, the Truth in Lending Act, and the Truth in Savings Act. The bank pressured its employees to hit certain sales goals and implemented an incentive-compensation program that financially rewarded employees for selling bank products. As a result, the bank’s customers held unwanted accounts, had negative effects on their credit profiles, and lost control over their personally identifiable information—not to mention the time-consuming hassle of closing unauthorized accounts and resolving other consequences stemming from this practice.  CFPB				 					 

						
Tagged in:
													  Financial and Investment Fraud, 
													  Financial Institution Fraud, 
													  Regulatory Violations, 
												
						

					
	
							
	
		
		
	


 			


											

						

								

									
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