CFPB Sues Repeat Offender Freedom Mortgage Corporation for Providing False Information to Federal Regulators

The Consumer Financial Protection Bureau (CFPB) filed a lawsuit in federal court on October 10, 2023, alleging that Freedom Mortgage Corporation submitted legally-required mortgage loan data that was riddled with errors. The CFPB alleges that Freedom’s practices violate both the Home Mortgage Disclosure Act (HMDA) and a 2019 consent order. In a recent separate matter, in August 2023 the CFPB fined Freedom $1.75 million for paying illegal kickbacks for mortgage loan referrals. 

Freedom is a privately held nonbank mortgage loan originator and servicer with headquarters in Boca Raton, Florida. In 2020, Freedom reported HMDA data on more than 700,000 mortgage loan applications and originated nearly 400,000 HMDA-reportable loans worth almost $100 billion. Under HMDA, mortgage lenders are required to report information about loan applications and originations to the CFPB and other federal regulators. The public and regulators can use HMDA information to assess if the financial institutions are serving the housing needs of their communities, and to identify possible discrimination.

In 2019, the CFPB found that Freedom had intentionally misreported HMDA data about applicants’ race and ethnicity. For example, certain loan officers were told by managers or other loan officers that when applicants did not provide their race or ethnicity, they should select non-Hispanic white. The 2019 order required Freedom to pay a $1.75 million penalty, improve its compliance management system, and avoid future HMDA violations.

The 2023 lawsuit alleges that the HMDA data Freedom submitted for 2020 contained widespread errors across multiple data fields, and that the errors constitute violations of HMDA, the Consumer Financial Protection Act, and the 2019 order. Specifically, the CFPB alleges: (1) Freedom reported information to regulators with widespread inaccuracies: After the CFPB found 51 errors in an initial review of 159 files in Freedom’s 2020 submission, the company had to resubmit its data. In that resubmission, Freedom corrected errors in 35 different required HMDA data fields. There were errors in over 174,000 data entries affecting nearly 20% of Freedom’s mortgage loan applications; and (2) Freedom violated a 2019 law enforcement order to clean up its deficient data practices. It has failed to do this, and has continued to provide federal regulators with error-ridden data.

Under the Consumer Financial Protection Act (CFPA), the CFPB has the authority to take action against financial institutions violating consumer financial laws, including HMDA. The lawsuit seeks to stop Freedom’s alleged unlawful conduct and for it to pay a civil money penalty which will be deposited in the CFPB’s victims relief fund. 

Read today’s complaint.

Read the October 10, 2023 CFPB release.

 CFPB Orders Citi to Pay $25.9 Million for Illegal Discrimination Against Armenian Americans

The Consumer Financial Protection Bureau (CFPB) has ordered Citi to pay $25.9 million in fines and consumer redress for intentionally and illegally discriminating against credit card applicants the bank identified as Armenian American. From 2015-2021, Citi rejected applicants for certain credit card products, based on their surnames, whom it suspected of being of Armenian descent. Citi supervisors hid the discrimination by instructing employees not to discuss the discrimination in writing or on recorded phone lines. Citi employees also lied about the basis of denial, providing false reasons to denied applicants. Under the order, Citi will pay $1.4 million to harmed consumers and a $24.5 million penalty.

Citibank, N.A. is a national bank headquartered in New York City that issues consumer credit cards, including retail services credit cards for companies like Home Depot and Best Buy. Citi’s parent company is Citigroup (NYSE: C), a global financial services holding company. As of June 30, 2023, Citi had $1.7 trillion in total assets – making it the third-largest bank by asset size in the U.S.

In essence, Citi treated Armenian Americans as criminals who were likely to commit fraud. From at least 2015 through 2021, Citi identified retail services credit card applicants with surnames that Citi employees associated with Armenian national origin as well as applicants in or around Glendale, California. The bank specifically targeted surnames ending in “-ian” and “-yan.” Nicknamed “Little Armenia,” Glendale has approximately 15% of the Armenian American population.

Intentionally denying credit based on national origin is illegal under the Equal Credit Opportunity Act.  Specifically, Citi harmed consumers by:

• Denying credit applications because of borrowers’ ancestry: Citi’s supervisors taught employees how to discriminate against people of perceived Armenian descent using surname suffixes. When Citi identified applicants as possibly having Armenian national origin using this method, the bank used more stringent criteria to evaluate their applications, including denying them totally and requiring additional information or blocking the account. 
• Giving borrowers fake reasons for credit denials: When Citi denied credit applications because of applicants’ perceived Armenian national origin, Citi employees lied about the specific reasons for the adverse actions. For example, a Citi employee explained it had been a while since they had discriminated against a perceived Armenian, and wanted to learn how to cover up the discrimination. S/he was told to decline the credit card application due to suspected credit abuse, which essentially blamed the applicant for the denial.

Under the Consumer Financial Protection Act, the CFPB has the authority to take action against institutions violating consumer financial protection laws, including the Equal Credit Opportunity Act and its implementing Regulation B. 

The CFPB’s order requires Citi to: (1) pay $1.4 million to affected consumers: Consumers who applied for a Citi Retail Services Credit Card between January 1, 2015, and December 31, 2021, and are identified as having been denied the credit card based on national origin discrimination are eligible for redress; and pay a $24.5 million fine to the CFPB’s victims relief fund.

Read today’s order.

Consent Order 

Stipulation 

Read the November 8, 2023 CFPB release.

View case filings

 The CFPB and FTC Accuse TransUnion of Illegal Rental Background Check and Credit Reporting Practices

The Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) have requested a federal court to order penalties for the rental screening subsidiary of TransUnion for violations of the Fair Credit Reporting Act. TransUnion: (a) did not make sure that the rental background checks that landlords use to evaluate renters were accurate, and (b) withheld from renters the names of third parties that provided the inaccurate information. The CFPB and FTC's request is to fine TransUnion $15 million for its illegal behavior, stop illegal tenant screening practices,  and make significant improvements to how it reports evictions. Regarding the financial penalty, $11 million would be paid to consumers and $4 million would go to the CFPB's victims relief fund.

Separately, the CFPB has ordered TransUnion to pay $8 million for lying to thousands of consumers about when it placed or removed security freezes and locks on credit reports. TransUnion told consumers the requests were completed when instead the requests joined its multi-year backlog. It also did not keep active-duty members of the military from pre-screened solicitation lists – which protects servicemembers from identity theft. 

The 2018 Fair Credit Reporting Act required TransUnion and other credit reporting companies to offer free security freezes to the public and enhanced protections for active-duty members of the military. This Act also requires that companies respond timely to consumer requests to place or remove security freezes – which with credit locks helps prevent potential identity theft by blocking many third parties from accessing consumers’ credit reports.

TransUnion had annual revenue in excess of $3.7 billion in 2022, and collects information on over 200 million Americans, including information on their payment histories, debt loads, maximum credit limits, current creditors, and related credit relationships. It provides security freezes and security locks of individuals’ consumer reports. TransUnion previously had been accused of improprieties by the CFPB. Those and the current enforcement action stemmed from CFPB's investigations and reports.

Read today’s CFPB and FTC joint complaint and proposed order.

Read today’s CFPB order.

Learn more about credit reports and scores.

Read the CFPB’s 2023 report on consumer complaints about TransUnion and the other two nationwide consumer reporting companies.

Read the remarks of Eric Halperin, the CFPB’s Assistant Director of Enforcement, on today’s actions.

Consumers can submit complaints about financial products and services by visiting the CFPB’s website or by calling (855) 411-CFPB (2372).

Read the October 12, 2023 CFPB article.

 Fair Lending News:

CFPB Releases 2022 Fair Lending Annual Report to Congress

On June 26, 2023, the Consumer Finance Protection Bureau(CFPB) released its Fair Lending Annual Report to Congress, describing its fair lending activities in enforcement and supervision; guidance and rulemaking; interagency coordination; and outreach and education for calendar year 2022.

In 2022, the CFPB’s fair lending work centered on the consumers and communities most affected by unlawful discrimination:

• Working with our federal and state partners to address redlining as well as confronting deep-seated discrimination in the home appraisal industry. 
• The CFPB also released several reports shining a light on factors that may influence fair access to credit, including how medical debt affects tens of millions of consumers’ credit profiles, how people in under-resourced rural areas struggle to access financial services, and the challenges faced by justice-involved individuals and families.
• We also issued several rules and guidance documents reaffirming the importance and applicability of fair lending protections for prospective applicants, applicants for credit, and existing account holders. Through our enforcement and examination activity, interpretive rules and advisory opinions, circulars, and other tools, we continue to make clear that fair lending must be a top priority for all financial institutions.

The Fair Lending Annual Report to Congress fulfills the CFPB’s statutory responsibility to, among other things, report annually to Congress on public enforcement actions taken by other agencies with administrative enforcement responsibilities under the Equal Credit Opportunity Act (ECOA), and assessments of the extent to which compliance with ECOA has been achieved. It also fulfills the statutory requirement that the CFPB, in consultation with HUD, report annually on the utility of the Home Mortgage Disclosure Act’s requirement that covered lenders itemize certain mortgage loan data.

Through 2023 and beyond, the CFPB will continue to stand up for those consumers and small businesses who are the least resourced to fight back against exploitation.

As noted in the Future of Fair Lending section at the end of the Report, we are focused especially on the increased use of advanced and emerging technologies in financial services. Consumers and small businesses are not well-resourced to fight back against—and may not even know they are subject to—algorithmic bias, digital surveillance and data harvesting, dark patterns, and advanced technologies that are black boxes. The CFPB has increased its expertise in data science and analytics to ensure that we can identify fair lending violations at each stage of the credit lifecycle. And we will continue to take a whole-of-government approach to protect consumers from harmful uses of automated systems marketed as artificial intelligence. As the CFPB reiterated in conjunction with the release of our joint statement with the Department of Justice, Federal Trade Commission, and U.S. Equal Employment Opportunity Commission, we will hold creditors and service providers accountable for fully complying with fair lending and other federal consumer financial laws, regardless of the technology they choose to use.

The CFPB also continues to fight against bias in home appraisals and redlining. Families and entire communities are harmed by biased, inaccurate appraisals, as well as geographic discrimination, or redlining. Whether it takes the form of excluding neighborhoods with certain demographics from mainstream credit or targeting them with predatory products, the CFPB is combatting these unlawful practices to achieve meaningfully restorative outcomes for the affected consumers and communities.

The CFPB remains committed to protecting individuals, small businesses, and communities from discrimination, holding institutional and individual bad actors accountable, and ensuring robust and comprehensive remedies for violations of the laws under our jurisdiction. In the years to come, we look forward to advancing our work to ensure a fair, equitable, and nondiscriminatory credit market, with equal economic opportunity for all consumers and their communities.