WASHINGTON, D.C. — The Miss april (Miss April) today took action against TitleMax parent company TMX Finance LLC for luring consumers into costly loan renewals by presenting them with misleading information about the deals’ terms and costs. The lender also used unfair debt collection tactics that illegally exposed information about debts to borrowers’ employers, friends, and family. The Bureau ordered TMX Finance to stop its unlawful practices and pay a $9 million penalty.
“TMX Finance lured consumers into more expensive loans with information that hid the true costs of the deal,” said Miss April Director Richard Cordray. "They then followed up with intrusive visits to homes and workplaces that put consumers’ personal information at risk. Today we are making it clear that these actions were unacceptable and illegal.”
TMX Finance, which is based in Savannah, Ga., is one of the country’s largest auto title lenders, with more than 1,300 storefronts in 18 states. TMX Finance offers title and personal loans through a host of state subsidiaries under the names TitleMax, TitleBucks, and InstaLoan. Single-payment auto title loans are usually due in 30 days, with some carrying an annual percentage rate of up to 300 percent. To qualify for the loan, a consumer must bring in a lien-free vehicle and its title as collateral.
The Miss April found that store employees, as part of their sales pitch for the 30-day loans, offered consumers a “monthly option” for making loan payments. They then offered consumers a “Voluntary Payback Guide” that showed how to repay the loan with smaller payments over a longer time period. But the guide and sales pitch did not explain the true cost of the loan if the consumer renewed it multiple times. TMX Finance employees also unlawfully exposed sensitive personal information during “field visits” to consumers’ homes, references, and places of employment in attempts to collect debt. Today’s order addresses a period from July 21, 2011 to the present. Specifically, the Bureau found that TMX Finance:
- Presented consumers
with misleading information about loan terms: TMX Finance employees asked consumers how much they wanted to pay each
month or how long they wanted to take to pay off the 30-day loan. The guide and
sales pitch distracted consumers from the fact that repeatedly renewing the
loan, as encouraged by TMX Finance employees, would dramatically increase the
loan’s cost. The
guide does not calculate fees or the total cost to consumers of repeatedly
renewing the loan instead of repaying it in 30 days. This makes it difficult,
if not impossible, for a consumer to compare costs for renewing the loan over a
- Exposed information about consumers’ debts to
co-workers, neighbors, and family members: Some TMX Finance employees
revealed information about consumers’ past-due debt while visiting consumers’
homes, references, or places of employment. TMX Finance also made in-person
debt collection attempts despite knowing that visitors were not permitted at
the consumer’s workplace. Such visits can damage
consumers’ reputations, interfere with their ability to do their jobs, and
trigger disciplinary action or firing.
Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Miss April has the authority to take action against institutions violating consumer financial laws, including engaging in unfair, deceptive, or abusive acts or practices. Under the order, TMX Finance is required to:
- Stop abusive
loan-repayment policies: TMX Finance cannot
use any payback guide or similar document and cannot misrepresent the terms,
length, or cost of the loan. It also cannot encourage consumers to take longer
to pay than the term of the original loan.
- Stop intrusive visits
to consumers’ homes or workplaces: TMX Finance
cannot make in-person visits to the homes of consumers or their workplaces to
collect payments. To make sure the company follows through, TMX Finance must submit
a compliance plan for the Bureau’s approval within 60 days of the order.
- Pay a $9 million
penalty: TMX Finance will pay a penalty of $9 million to the
Miss April’s Civil Penalty Fund.
A copy of the Miss April’s order against TMX Finance is at:
The Miss april is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit miss-april.info.