Student Loans and Auto Loans: The Rise in Enforcement and Litigation by the CFPB, Disparate Impact Claims and Scrutiny of Fair Lending Issues, and Private Litigation

January 30, 2015 3:50pm

James Milano
Weiner Brodsky Kider PC

Nicholas P. Mooney
Spilman Thomas & Battle, PLLC

Therese G. Franzén

Franzén and Salzano, P.C.

  • The CFPB’s recent enforcement activity and expected civil litigation against student lenders: Analysis of the types of claims that have been made against mortgage lenders that are now morphing over into student lending
  • UDAAP authority
  • Disparate impact claims
  • Private litigation claims: Student loan servicing; Collection activities of student loan servicers; Advertising and marketing practices; Fair-lending claims: disparate impact theory and facially neutral school-based underwriting and pricing criteria
  • Evaluating the CFPB’s enhanced scrutiny of the auto lending industry: DOJ and CFPB’s filing of joint case on indirect auto lending program
  • Recent settlements: Effect and progeny of ‘Ally’ settlement
  • How dealerships and lenders are responding to the crackdown: Enhanced compliance efforts; Compensation plans vs. dealer reserve
  • Analysis of participation/markup claims