On February 10, 2015, the Consumer Financial Protection Bureau (CFPB) added another company to its litany of alleged Real Estate Settlement and Procedures Act (RESPA) Section 8 offenders (Michigan Title, PHH Corporation, New Jersey Title, Fidelity Mortgage Corporation). In its Consent Order ("Order") against NewDay Financial, LLC ("NewDay"), the CFPB claimed that the company violated Section 8's prohibition against kickbacks by paying "licensing fees" and "lead generating fees" in exchange for referrals from a non-profit organization that serves veterans ("Veterans Organization"). As a result of the alleged violations, the CFPB ordered NewDay to pay a $2 million civil money penalty and to submit a compliance plan detailing steps the entity will take to address each allegation contained in the Order. Moreover, NewDay will undoubtedly suffer severe reputational harm due to the alleged injury to veterans. In addition, the CFPB increased its oversight of NewDay's marketing relationships and prohibited NewDay from entering into any business relationship inconsistent with FTC guidance.
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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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