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ARTICLE · 13 OCTOBER 2015

The CFPB Cracks Down On Another Auto Lender For UDAAP

Respondents altered the caller ID to make it appear as if some calls originated from a family member or friend of the borrower.

United StatesConsumer Protection

On October 1, 2015, the Consumer Financial Protection Bureau entered into a consent order with an indirect finance company, Westlake Services, LLC, and its auto title lending subsidiary, Wilshire Consumer Credit, LLC (collectively, "Respondents").  Westlake specializes in purchasing and servicing subprime and near-subprime auto loans. Wilshire extends auto title loans directly to consumers.  Respondents agreed to pay approximately $44.1 million in cash and balance reductions to affected borrowers, pay an additional $4.25 million in civil penalties to the Bureau and implement a compliance plan subject to the CFPB's approval.

The consent order states that Respondents violated the Fair Debt Collections Practices Act (FDCPA) and engaged in unfair, deceptive and abusive acts and practices (UDAAP) when they used a web-based program, Skip Tracy, to alter the caller ID information that call recipients saw when Respondents called borrowers.  Respondents used Skip Tracy to

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