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This is an amicus brief submitted by the CFPB and FTC in support of the plaintiffs in Glover v. Ocwen Loan Servicing, LLC before the Eleventh Circuit , filed February 27, 2024.   The brief argues in support of an  FDCPA  § 1692f(1) violation  where debt collectors charge a  fee on top of the consumer's payment to the collector (pay-to-pay fees) since the fees are not authorized by contract or law.  The  FDCPA violation does not apply  only to fees incidental to the debt.

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Section 307 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA) directs the Consumer Financial Protection Bureau (CFPB or Bureau) to prescribe ability-to-repay rules for Property Assessed Clean Energy (PACE) financing and to apply the civil liability provisions of the Truth in Lending Act (TILA) for violations. PACE financing is financing to cover the costs of home improvements that results in a tax assessment on the real property of the consumer.

In 2023, the Commissioner issued an opinion letter to SoLo Funds.  The letter “takes the position that the identification of tip and donation amounts to lenders and parties such as SoLo prior to consumers being offered and receiving a loan via a platform such as the SoLo platform causes such tip and donation amounts to be ‘incident to or a condition of the extension of credit,’ therefore constituting ‘finance charges’ that must be included in the calculation of the loan’s APR pursuant to” Connecticut’s lending law.

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