CPS to Pay $5.5 Million to Settle FTC Charges
IRVINE, CA — Consumer Portfolio Services Inc. (CPS) will pay more than $5.5 million to settle Federal Trade Commission (FTC) charges that it used illegal tactics to service and collect on consumer loans. According to the agency’s complaint, the subprime finance source collected money consumers did not owe, harassed consumers and third parties, and disclosed debts to friends, family and employers of victims, reported F&I and Showroom.
The firm agreed to refund or adjust 128,000 consumer accounts totaling more than $3.5 million and forebear collections on an additional 35,000 accounts to settle charges that it violated the FTC Act. Additionally, CPS will pay $2 million in civil penalties to settle FTC charges that it violated the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA)’s Furnisher Rule.
“At the FTC, we hold loan servicers responsible for knowing their legal obligations and abiding by them,” said Jessica Rich, director of the FTC’s Bureau of Consumer Protection. “The law is very clear: Loan servicers can’t charge consumers more than they owe. And they can’t threaten and harass consumers about delinquent debts.”
The order settling the charges requires CPS change its business practices to comply with the requirements of the appropriate laws. In addition, the company is required to establish and maintain a comprehensive data integrity program to ensure the accuracy, integrity and completeness of its loan servicing processes, and the data and other information it services, collects or sells. CPS must also provide the FTC with periodic independent assessments of its data integrity program for 10 years.
“We are pleased to have resolved the matter with the FTC,” CPS President and CEO Charles E. Bradley stated in a company press release. “We cooperated fully with the FTC during their inquiry and made several system and procedural changes related to their comments. Furthermore, we are pleased that the final settlement is consistent with our expectations. Accordingly, the amount we’ve agreed to pay for customer refunds and the civil penalty are covered entirely by the legal provision we’ve previously recognized.”
According to the FTC’s complaint, CPS’ loan-servicing violations included misrepresenting fees consumer owed in collection calls, monthly statements, payoff notices and bankruptcy filings. The FTC also charged the subprime finance source with making unsubstantiated claims about the amounts consumer owed, improperly assessing and collecting fees, and failing to disclose financial effects of loan extensions, among other claims.
The company’s collections violations include disclosing the existence of debts to third parties; calling consumers at work when not permitted or inconvenient; calling third parties repeatedly with intent to harass; making unauthorized debits from consumer bank accounts; falsely threatening car repossession; and deceptively manipulating Caller ID systems. Because for many of its accounts CPS is a creditor, the complaint charged that these practices violated Section 5 of the FTC Act. For those accounts where CPS is a debt collector, the complaint charged these practices violated the FDCPA.
CPS is also charged with failure to establish and implement reasonable written procedures and failure to reasonably investigate and respond timely to consumer disputes under the Furnisher Rule.
Under the order, the company will begin sending refunds to consumers and adjusting affected account balances within 90 days.
The commission’s vote to authorize the staff to refer the complaint to the U.S. Department of Justice and to approve the proposed consent decree was 4-0-1, with Commissioner Terrell McSweeny not participating. The DOJ filed the complaint and proposed consent decree on behalf of the commission in the Central District of California on May 28, 2014. The proposed consent decree is subject to court approval.
More Industry

Pennsylvania Dealership Under New Retailers
The sale of the Chrysler Dodge Jeep Ram store puts a family auto group on a leaner path as first-time dealers take the helm.
Read More →
Battery Storage Takes Priority Over EVs
U.S. automakers are prioritizing battery energy stationary storage over electric-vehicle production as the consumer demand for EVs lags the rest of the world.
Read More →
Auto Dealers Feel Better But Not Great
A second-quarter Cox Automotive poll of franchised retailers and independents found better views of the current market after a good spring but anticipation of third-quarter storminess.
Read More →
New-Vehicle Sales Picture Relative
A May forecast is complicated by last spring’s trade tariff effects on auto retail. Despite continued hard realities, many consumers took advantage of ways to bite the bullet.
Read More →
Auto Group Acquires Third Nissan Rooftop
Iowa-based Coleman Automotive Group recently acquired its seventh dealership, McGrath Nissan, which it renamed Nissan of Elgin.
Read More →
April Less Affordable
Based on prices, reduced incentives and slower household income growth, consumers found it more challenging to buy new last month, Cox Automotive reported.
Read More →
Building an Extraordinary F&I Agency
Work to determine your specialized talent, because that fact will determine everything about your agency’s future.
Read More →
Recipe for Compliance
The secret to both amazing barbecue and compliance is the same: understanding the basics and committing to a process.
Read More →
EVs Getting More Attractive
A growing percentage of U.S. consumers are open to switching and fewer are adverse to the idea, according to a recently completed survey. That’s despite the end of a tax break.
Read More →
EV Sales Drop in April Following Surge
North American electric-vehicle sales were down 28% year-over-year, a sharp contrast from global EV sales growth of 6%.
Read More →