ARB Rejects CFPA Whistleblower Claim On Protected Activity Grounds

On November 6, 2015, the DOL's Administrative Review Board affirmed the dismissal of Consumer Financial Protection Act ("CFPA") whistleblower claims of a terminated mortgage broker, concluding that the complainant did not engage in protected activity. Childs v Sente Mortgage, ARB Case No. 14-043. This is one of a growing number of claims being filed under the CFPA.

Background

Complainant Thomas Childs worked as a mortgage broker for Sente Mortgage ("Company").  During his employment, he allegedly made internal inquiries concerning his mortgage broker license, the payment of commissions and referral fees, and telemarketing cold calls.  On September 25, 2012, the Company terminated his employment, asserting that he failed to meet the production requirements of his performance improvement plan.  He proceeded to pursue a whistleblower retaliation claim under the CFPA.  After OSHA and an ALJ dismissed his claim, Childs appealed to the ARB.