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Tough Weeks for Morgan Drexen in CFPB Debt Relief Litigation

By Joshua J. Kaufman & Joanna Zdanys on May 13, 2015
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It’s been a rough couple of weeks for debt-relief services firm Morgan Drexen.  You may recall our previous post about the CFPB’s action against Morgan Drexen in the Central District of California and the alleged antics that ensued.  By way of quick recap, the case involves alleged violations of the Telemarketing Sales Rule (TSR) and the Consumer Financial Protection Act.

While it looked like the action was trial-bound, the court disposed of the case on April 21, 2015 by granting the CFPB’s motion for the sanction of default judgment.  The CFPB claimed that Morgan Drexen had falsified evidence by, among other things, creating fake bankruptcy petitions after the CFPB already had served its discovery requests. The court agreed, noting that the falsification of evidence was “blatant” and faulting the defendant for deceiving even its own trial counsel.

On April 30, the court granted the CFPB’s motion for an order temporarily freezing Morgan Drexen’s assets.  Morgan Drexen filed for Chapter 7 bankruptcy the same day. Plus, on May 1, the
D.C. Circuit declined to hear Morgan Drexen’s challenge to the CFPB’s constitutionality, saying that Morgan Drexen could raise those issues in the Central District of California litigation.

We’ll keep watching the Morgan Drexen litigation and keep you posted on any new developments.

Joshua J. Kaufman

Joshua Kaufman is head of Venable’s Copyright and Licensing Group and co-chair of Venable’s Art Law Group. He counsels and litigates in copyright, e-commerce, licensing, art, intellectual property, software, on-line issues, trademark, anti-counterfeiting, Rights of Publicity, entertainment, media, and literary law. He advises…

Joshua Kaufman is head of Venable’s Copyright and Licensing Group and co-chair of Venable’s Art Law Group. He counsels and litigates in copyright, e-commerce, licensing, art, intellectual property, software, on-line issues, trademark, anti-counterfeiting, Rights of Publicity, entertainment, media, and literary law. He advises his clients in structuring and negotiating transactions in which they exploit and protect their intellectual property rights or in acquiring them from others. A former computer consultant and writer, he was one of the nation’s first computer and cyber attorneys.

Read more about Joshua J. KaufmanEmail
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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    MoFo ReEnforcement: The Enforcement Blog
  • Organization:
    Morrison & Foerster LLP

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