First, on April 6
th the CFPB issued a consent order against Yorba Capital Management and the company’s former owner in his individual capacity for violating the Fair Debt Collection Practices Act (FDCPA). The CFPB states that the debt collection company mailed litigation notice letters to consumers, “threatening to file suit against a consumer if the consumer did not pay [the debt] amount indicated on the letter.” The letters also contained language that implied that legal action against consumers had already begun and listed several methods by which the company could collect on a judgement. The CFPB found that these practices violated the Consumer Financial Protection Act (CFPA) because the letters were deceptive because “the letters falsely represented that consumers would be sued and that there would be further legal action if the consumers did not pay the debt amount on the notices.”
On April 6, the Consumer Financial Protection Bureau (CFPB) issued a
consent order against California-based debt collector Yorba Capital Management LLC and its sole owner Daniel Portilla, Jr. for violating the Consumer Financial Protection Act and the Fair Debt Collection Practices Act. The consent order permanently bans Yorba and Portilla from the debt collection business and orders restitution and penalties to resolve the findings of the CFPB.
The consent order states Yorba and Portilla allegedly harassed consumers from January 2017 until April 2020 by threatening legal action. Specifically, it states Yorba attempted to collect debts through mailing letters titled “LITIGATION NOTICE” that contained a case number and caption, giving the incorrect impression that Yorba had already filed a lawsuit. The letters stated: “You are hereby notified that a recommendation to file a lawsuit to collect this debt may be the next step resulting in a judgment entered against you,” and �
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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory announcements, recap key enforcement actions, and preview upcoming deadlines and events. We also include links to our articles, blogs, and webinars with more analysis in these areas. We understand that keeping on top of the rapidly evolving regulatory landscape is more important than ever for businesses seeking to offer new and ground-breaking technologies.
Regulatory Announcements
The CFPB announced that it has entered into
a consent order to settle the CFPB’s allegations that a debt collector, Yorba Capital Management, LLC (Yorba), and its owner, Daniel Portilla, Jr., violated the Consumer Financial Protection Act and that Yorba violated the Fair Debt Collection Practices Act. The consent order permanently bans both Yorba and Mr. Portilla from the debt collection business and orders Yorba and Mr. Portilla to pay consumer redress of $860,000 and a civil money penalty. However, due to the respondents’ limited financial resources, the order suspends full payment of the $860,000 judgment upon their payment of a $2,200 civil money penalty.
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CFPB Settles Over Calif. Debt Collector s Litigation Notices
Law360 (April 6, 2021, 7:11 PM EDT) The Consumer Financial Protection Bureau has settled claims against a California debt collection agency and its owner for allegedly making false legal threats to consumers, issuing a consent order on Tuesday that includes an $860,000 suspended judgment for redress. It is the agency s first such settlement of the Biden era.
The consent order against the Anaheim-based Yorba Capital Management LLC and its sole owner, Daniel Portilla Jr. of Santa Ana, California, also permanently bans them from the debt collection industry and requires them to pay a $2,200 civil penalty, resolving CFPB findings that they violated federal law through the use of.