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CFPB takes action against Credit Repair Cloud and CEO for illegal fees

Washington, DC — The Consumer Financial Protection Bureau (CFPB) recently announced an important step in its ongoing efforts to protect consumers from illegal financial practices. The Bureau recently filed a proposed order to settle its lawsuit against Credit Repair Cloud and CEO Daniel A. Rosen for helping credit repair companies charge consumers illegal advance fee payments.

The proposed order, subject to court approval, imposes a civil penalty of $2 million on Rosen and a civil penalty of $1 million on Credit Repair Cloud. In addition, the order requires the cessation of activities that allow credit repair companies to charge illegal fees.

“Credit Repair Cloud and its CEO Daniel Rosen have supported credit repair companies that have collected illegal fees from insolvent consumers,” said CFPB Director Rohit Chopra. “We will continue our work to hold individual executives accountable when they violate federal law.”

California-based Credit Repair Cloud was founded by Rosen and has been in operation since 2013. The company offers software and tools designed to help individuals start and manage credit repair businesses, which claim to help consumers remove negative information from their credit reports and thus improve their credit scores.

The CFPB’s main allegations highlight that Credit Repair Cloud and Rosen provided significant assistance to these companies, particularly those that use telemarketing to reach consumers. The Telemarketing Sales Rule prohibits charging fees before delivering tangible results to consumers, typically demonstrated by a credit report prepared more than six months after the promised improvements were achieved.

The CFPB’s complaint describes in detail how Credit Repair Cloud’s system enabled illegal activity by generating and tracking disputes, integrating a billing system, and offering training, marketing tools, and model websites. Rosen is accused of direct involvement, including providing training to credit repair companies, providing sample scripts, and advising on fee-collecting practices.

CFPB takes action

The CFPB has the authority under the Consumer Financial Protection Act to take action against individuals and businesses that violate consumer protection laws. The proposed order includes several key actions:

Civil penalties: The order requires Rosen to pay a civil penalty of $2 million and Credit Repair Cloud to pay a civil penalty of $1 million. These funds will be deposited into the CFPB’s Civil Penalty Fund, which assists victims of financial violations.

Prohibition of unlawful support: The order will permanently bar Credit Repair Cloud and Rosen from supporting companies that use telemarketing to sell credit repair services while charging advance fees. In addition, they must remove all language related to telemarketing and advance fees from their tools and services.

Notification and monitoring: Credit Repair Cloud and Rosen must inform all companies that use their platform about the illegality of certain telemarketing and charging practices. They are also required to monitor compliance by their users.

Protect consumers and promote fairness

This enforcement action underscores the CFPB’s commitment to protecting consumers from predatory financial practices. By targeting both the company and its CEO, the bureau aims to ensure accountability at the highest level.

Consumers are advised to be cautious of credit repair services, especially those that require upfront payments. It is important to understand the legal protections in place and to seek transparent, lawful assistance in credit repair.

The proposed order, if approved, will have a significant deterrent effect on unlawful financial practices and will increase transparency and fairness in the loan restructuring industry.

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By Olivia

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