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The state sued the company on charges of predatory lending

By Mark Huffman Consumer News: New York secures https://www.robinspost.com/news/images/banners/consumeraffairs-vector-logo-2023.png billion settlement against Yellowstone Capital of ConsumerAffairs
January 23, 2025

New York Attorney General Letitia James has announced a massive $1.065 billion judgment against Yellowstone Capital and its network of 25 lending companies she accused of being predatory.

The settlement could deliver over $534 million in debt relief and at least $16 million in restitution to small businesses across New York and the U.S. that were targeted with illegal high-interest loans.

James suit against Yellowstone claimed the company disguised high-interest loans as merchant cash advances. These advances were purportedly structured as purchases of future revenues, but in reality, James said they imposed fixed daily repayments disconnected from the businesses' actual earnings. The suit charged the loans resulted in effective interest rates soaring up to 820% annually, far exceeding legal limits.

"Targeting small businesses with predatory loans and outrageous interest rates threatens the livelihoods of hardworking business owners and their employees," James said in a statement.

Substantial financial relief

She said the settlement not only provides substantial financial relief but also marks a significant step in protecting small businesses from exploitative financial practices.

Among the affected businesses were City Bakery in Manhattan, which was forced to close due to the crippling debt cycle. The bakery, a staple in Union Square for nearly 30 years, succumbed to daily repayments exceeding $2,000, which it could not sustain.

The settlement requires Yellowstone to cease all collection efforts, vacate court judgments, and terminate liens on small businesses' properties. Additionally, the companies and their officers are permanently banned from the merchant cash advance industry. If they fail to adhere to the settlement terms, the immediate $16.1 million payment will increase to $30 million.



Photo Credit: Consumer Affairs News Department Images


Posted: 2025-01-23 12:27:54

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Consumer News: Publishers Clearing House bankruptcy leaves past winners unpaid

Mon, 15 Sep 2025 04:07:07 +0000

The company declared bankruptcy and the new owners say they're not obligated to continue paying past winners

By James R. Hood of ConsumerAffairs
September 15, 2025

  • PCH prize winners are among the unsecuredcreditors in bankruptcy proceedings.
  • Unsecured creditors are generally last in line to get paid in such cases.
  • Now, installment payments to past winners have dried up.

For decades, Publishers Clearing House flooded mailboxes, email and TV with ads for its sweepstakes, which promised huge payouts to the winners.But times have changed. Magazines aren't selling many subscriptions these days, and PCH is feeling the pain. The companyfiled for Chapter 11 bankruptcy protection in New York in April, citing liabilities of $50 million to $100 million and assets of just $1 million to $10 million, according to federal court records. Among its largest unsecured creditors: 10 of its own prize winners.

That list includes longtime recipients of lifetime prize payments, many of whom say their checks suddenly stopped arriving this year with little explanation.

One of them is John Wyllie, 60, of Bellingham, Wash., who won $5,000 a week for life in 2012. For more than a decade, he collected an annual check for $260,000. The payments allowed him to retire and buy a six-acre property. But this January, the money dried up.

Im getting the shaft, on top of the shaft, Wyllie said in a New York Times report. Looking at [the giant check] makes me sad and it makes me mad.

New owner limits payouts to future winners

In July, ARB Interactive, an online casino operator, bought Publishers Clearing House out of bankruptcy for $7.1 million. The company announced it would honor only prizes awarded after July 15. Those include two SuperPrizes worth a combined $2.5 million, a $975,000 payout in May, and a $1 million award scheduled for Sept. 30.

Payments promised to past winners under PCH's old owners remain uncertain. ARB says it is not responsible for those obligations, and Publishers Clearing House has little left to pay out. A federal bankruptcy judge will ultimately decide how the companys remaining assets are divided.

A spokesman for ARB Interactive said the company contributed funds to the bankruptcy estate and plans to establish a new system to guarantee all future prizes. Our vision is to rebuild P.C.H. as a brand synonymous with trust, excitement and long-term integrity, the spokesman said.

Lives disrupted by missed checks

For some families, the halted payments have already caused financial strain. Tamar and Matthew Veatch, disabled Army veterans in Oregon raising three children, had relied on nearly $200,000 a year in Publishers Clearing House prize money since 2021. They said the loss of their July payment left them unable to cover back taxes and mounting household bills.

Former company executives say the situation was avoidable. Darrell Lester, a retired Publishers Clearing House executive, said the company once safeguarded prizes through prepaid annuities but stopped that practice after 2003.

You cant not pay the winners, Lester said in the New York Times story. Thats a cardinal sin.

PCH's spotty record

PCH may have raised consumers' hopes of getting a big payout but it also amassed a lengthy record of consumer complaints and allegations of misleading promotions.

In April, the Federal Trade Commission begandistributing more than $18 million in refunds to consumers misled by deceptive marketing tactics from Publishers Clearing House.The refunds were part of a settlement reached after the FTC charged PCH with targeting older and lower-income consumers using misleading emails, order forms, and promotions that gave the false impression that purchasing products was necessary to enter or improve odds in sweepstakes.

According to the FTCs complaint, PCH sent emails with misleading subject lines, implying they were official communications, such as tax documents, to entice users to open and engage with them. Once inside, consumers were misled into believing that ordering products improved their chances of winning a sweepstakes prize a practice prohibited under federal law.

Deceptive charges and "risk-free" claims

The agency also accused PCH of adding deceptive shipping and handling charges and falsely claiming that purchases were risk-free. In reality, consumers had to return unwanted products at their own expense to obtain refunds.

The FTCs action sends a clear message that companies cannot manipulate vulnerable populations with false hope or misleading tactics, the agency said in a statement.

Consumers' feelings about PCH over the years have been mixed. Many have praised the fact that it's free and gives everyone a chance, howeverslim, to win. But others have found it annoying, or worse, like Rose of Casa Grande, Arizona. "If you love commercials and don't expect to ever win anything, it is where you want to be. For one entry of a particular contest, there were 5 commercials. Even when you cash in your tokens, you have to sit through a commercial or 2. You should at least get some sort of a token prize just for having to endure all the commercials," she said in a ConsumerAffairs reviewin February.

Others took a dimmer view: "What a rip off PCH HAS COME TO BE, they have sold my personal information to ex employees who have scammed me and have refused to do anything about it. I have accumulated over 1.3 billion tokens and have never won anything," said Louis of Bensalem, Penn., earlier this month.


Read More ...


Consumer News: Huge car dealership chain collapses, leaving borrowers, banks and investors facing losses

Mon, 15 Sep 2025 04:07:07 +0000

Tricolor Holdings sold used cars to customers with poor or no credit; it's not the only trouble spot in the economic picture

By James R. Hood of ConsumerAffairs
September 15, 2025

  • Dallas-based Tricolor Holdings, once the nations seventh-largest independent used car chain, has filed for Chapter 7 bankruptcy.
  • The company specialized in selling cars to customers with poor or no credit, often at interest rates above 20%.

  • Its collapse leaves borrowers, banks, and investors facing heavy financial losses amid rising national auto loan debt.


The doors of one of Americas biggest independent used car chains have suddenly closed, leaving banks and borrowers tangled in the fallout. Dallas-based Tricolor Holdings, once the seventh-largest used car dealer in the country, has filed for Chapter 7 bankruptcya liquidation move that signals the end of its business.

For years, Tricolor carved out a niche selling refurbished vehicles to customers with poor or no credit, focusing largely on Hispanic communities in Texas, Arizona, and California. The company leaned heavily on subprime lending, issuing loans with interest rates often exceeding 20%more than double the national average for used car loans. That strategy opened doors for families otherwise shut out of the auto market, but it also left many struggling to keep up with payments.

In 2023 alone, Tricolor issued more than $1 billion in auto loans, many tied to undocumented immigrants, according to bond rating reports. As defaults mounted, the companys risky but once-profitable model began to unravel. Borrowers unable to meet high monthly payments frequently returned vehicles or fell into default, leaving the lender exposed to mounting losses.

Troubles grew recently

Signs of trouble accelerated in recent weeks. Tricolor furloughed staff, shut down its website, and executives quietly erased their LinkedIn profiles. Bankruptcy filings this week confirmed what many insiders already suspected: the companys collapse was imminent.

The damage stretches far beyond used car lots in the Southwest. JPMorgan Chase, Barclays, and Fifth Third Bancorp are among the major banks facing exposure to Tricolors debt. Fifth Third alone disclosed a $200 million hit tied to what it called alleged external fraudulent activity, adding that it is cooperating with law enforcement.

The timing could hardly be worse. With the average new car now costing nearly $50,000about $11,000 more than in 2019American households are straining under record-high auto loan payments. National auto loan debt reached $1.66 trillion last year, surpassing student loan totals and trailing only mortgages as the countrys heaviest consumer liability. More than 5% of borrowers are now delinquent, the highest rate in years.

What began as a lifeline for thousands of families in Hispanic and immigrant communities has now grown into a financial crisis that could ripple through Wall Street. Tricolors downfall underscores the fragility of subprime lending in an era of inflation, high interest rates, and ballooning consumer debt.

It's part of a larger picture

Tricolor's troubles aren't unique and illustrate a growing but disturbing trend:Consumers are struggling with both car payments and credit card debt, with delinquency rates elevated compared to recent years.

For credit cards, the 90-day delinquency rate showed quarter-over-quarter growth of 2.1% between the first quarter of 2024 and the first quarter of 2025, though this represents a slowdown from the 3.6% growth rate seen in the prior period. The trend of rising credit card delinquencies has been ongoing for several years.

The auto loan situation is particularly concerning. Americans are behind on car payments at a record level, with subprime borrowers especially struggling. Even prime borrowers are experiencing increased difficulties, with 60-day delinquencies rising to 0.39% in January 2025, up from 0.35% in January 2024, according to the St. Louis Fed.

The Federal Reserve Bank of New York's recent reports consistently highlight that delinquency transition rates remain elevated for both auto loans and credit cards, indicating this is an ongoing trend rather than a temporary spike.

However, there are some signs that the pace of deterioration may be moderating. TransUnion's 2025 forecast projects a slowdown in growth for both credit card balance increases and delinquency gains by the end of 2025, suggesting the worst of the increases may be behind us, though delinquency levels remain elevated overall.

The combination of high interest rates, inflation pressures on household budgets, and increased borrowing costs appears to be putting significant strain on consumer finances across both secured (auto) and unsecured (credit card) debt categories.


Read More ...


Consumer News: FTC probing whether Google, Amazon misled advertisers

Mon, 15 Sep 2025 04:07:07 +0000

Both firms are facing separate antitrust cases over advertising monopolies

By James R. Hood of ConsumerAffairs
September 15, 2025

  • Federal Trade Commission probes target ad pricing practices at two of the worlds largest tech companies.

  • Investigators examining whether Google and Amazon failed to disclose auction terms and reserve pricing.

  • Scrutiny comes as both firms already face separate antitrust cases over advertising monopolies.


The Federal Trade Commission (FTC) has opened investigations into whether Amazon.com Inc. and Alphabet Inc.s Google misled advertisers about the cost and terms of placing ads on their platforms, according to people familiar with the matter.

The inquiries are being led by the FTCs consumer protection unit and focus on whether both companies fully disclosed how their ad auctions and pricing systems worked. Google and Amazon dominate the digital advertising industry, which has eclipsed offline ads in reach and revenue.

Auctions under the microscope

Google runs its lucrative search advertising business through real-time auctions that determine which ads appear when users search. Amazon uses a similar system for its sponsored listings that show up alongside product searches.

Investigators are examining whether Amazon disclosed so-called reserve pricingthe minimum bid required to place an ad. Regulators also want to know if Google used internal pricing methods to quietly raise ad costs without telling advertisers.

Rising legal pressure

The new FTC probe adds to a growing list of regulatory challenges facing Big Tech. Judges in separate Justice Department cases have already found that Google illegally monopolized online search and ad technologies. Meanwhile, a coalition of states led by Texas is pressing its own lawsuit against the company, alleging deceptive ad practices.

Amazon faces multiple federal suits of its own. A trial is scheduled later this month over whether it made Prime subscriptions too difficult to cancel. Another, broader case alleging the company monopolized online marketplaces is set for trial in 2027. Advertising, now a major growth engine for Amazon, generated $56 billion in revenue last year.

A costly industry shift

Advertisers have long complained about a lack of transparency in digital auctions. In 2023, Google executives acknowledged in court that the company sometimes altered its auction processes to meet revenue goals without notifying advertisers.

The FTC has not commented publicly on the latest inquiries. Google also declined to comment, while Amazon did not respond to requests.

The investigations signal that, even under President Donald Trumps administration, regulatory pressure on Silicon Valley remains intense. FTC Chair Andrew Ferguson has said the technology sector is his highest priority.


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Consumer News: Homeowner equity stalls as more borrowers slip underwater, report finds

Fri, 12 Sep 2025 22:07:06 +0000

175,000 more homes wee underwater in the latest report

By Truman Lewis of ConsumerAffairs
September 12, 2025

  • Cotality report shows average U.S. homeowner holds $307,000 in equity

  • National equity fell by $141.5 billion year over year, with 175,000 more homes underwater

  • Northeast homeowners see gains while Florida, D.C., and Montana face steepest losses


Homeowner equity gains have slowed across the United States, with more borrowers falling into negative equity as home price growth stalls, according to a new report from property analytics firm Cotality.

The Homeowner Equity Report for the second quarter of 2025 shows the average U.S. borrower with a mortgage holds about $307,000 in equity still the third highest figure in history. Thats up $124,000 compared with the start of the pandemic in 2020. But overall borrower equity slipped by $141.5 billion, or 0.8%, year over year, bringing total U.S. net equity to $17.5 trillion.

Home prices this year have experienced the slowest rate of growth since the Great Financial Crisis of 2008, said Cotality Chief Economist Dr. Selma Hepp. As appreciation remains modest and even declines in some markets, home equity accumulation is projected to follow suit.

Year over year, homeowners lost an average of $9,200 in equity, the report found. That pushed the share of mortgaged homes in negative equity from 1.7% to 2%, representing 175,000 more households underwater. Still, compared with the first quarter of 2025, negative equity actually dropped by 3.3% thanks to seasonal spring price increases.

Photo

What's next?

The outlook remains mixed: 144,000 homes could regain equity if prices rise 5%, while 242,000 could fall underwater if prices decline 5%. Cotalitys forecast calls for a more modest 3% increase in home prices by June 2026.

Regional patterns are stark. Homeowners in the Northeast continue to see gains, led by Connecticut ($37,400), New Jersey ($36,200), and Rhode Island ($31,200). By contrast, 32 states posted losses, with the biggest drops in the District of Columbia ($-34,400), Florida ($-32,100), and Montana ($-26,900).

Metro-level data shows Las Vegas, Los Angeles, and San Francisco are among the least affected markets. In contrast, areas such as McAllen, Texas; Shreveport, Louisiana; and Cape Coral and Ocala, Florida have seen sharp increases in negative equity, partly due to falling home prices and the impact of natural disasters.

The next Homeowner Equity Report is scheduled for release December 11, 2025.

What it means for homeowners

  • Equity cushion shrinking: Many borrowers still hold significant equity, but year-over-year declines show that safety net is narrowing in some markets.

  • Risk of going underwater: With more homes slipping into negative equity, homeowners planning to sell or refinance may face challenges if prices soften further.

  • Regional divide: Northeastern states continue to deliver strong equity gains, while parts of Florida and the Mountain West are seeing steep losses.


Negative equity explained

What it is:
Negative equity, often called being underwater, happens when a home is worth less than the balance owed on its mortgage. For example, if a home is valued at $250,000 but the owner still owes $270,000, that homeowner is $20,000 underwater.

Why it matters:

  • Limits refinancing options, since lenders may be unwilling to approve new loans on an overvalued property

  • Makes it harder to sell a home without taking a loss

  • Can trap homeowners in place if they need to move for work or family reasons

What homeowners can do:

  • Stay put: Negative equity isnt always a problem if you plan to stay in your home and keep making payments

  • Watch the market: Modest home price gains can restore equity over time

  • Avoid risky loans: Be cautious with cash-out refinances or home equity loans if values are falling

  • Seek help if needed: Programs from lenders or government agencies may offer relief for underwater borrowers in hardship situations

The bottom line:
Negative equity levels remain relatively low by historic standards, but increases in certain regions highlight risks if home prices dip further.


Read More ...


Consumer News: Bill in Congress would crack down on deceptive downsizing

Fri, 12 Sep 2025 22:07:06 +0000

The measure targets "shrinkflation," selling smaller products for the same price

By James R. Hood of ConsumerAffairs
September 12, 2025

  • Legislation targets shrinkflation companies selling smaller products for the same price

  • Bill would require clear packaging changes or labels when product sizes are reduced

  • Consumer groups back the measure, citing inflation pressures on families


Representative Lou Correa (D-Calif.) on Thursday introduced the Deceptive Downsizing Prohibition Act of 2025, a bill aimed at stopping corporations from quietly shrinking product sizes while charging the same price.

Correa said the practice, commonly known as shrinkflation, cheats shoppers who expect to receive the same amount of goods for their money. From food, to household goods, to personal care products, I continue to hear from my constituents paying the same amount of money for much less product, Correa said. Lets call it what it is: deceptive downsizing.

The measure would make it unlawful for companies to keep identical or similar packaging if the product has been reduced in size, unless the label clearly warns consumers about the smaller quantity. The bill gives the Federal Trade Commission the authority to enforce the new rules.

Consumer advocates praised the proposal.Healthy markets require transparency, said National Consumers League Vice President of Public Policy, Telecommunications, and Fraud John Breyault. We appreciate that Congressman Correa is leading the charge on this commonsense policy. Consumers deserve to know if they will receive less product than they expect.

Consumers should not be misled when they open a package of their favorite food to find that the bag is filled with more air than product, said Ruth Susswein of Consumer Action. Lisa Gilbert of Public Citizen called the practice a clear attempt to rip off consumers, while John Breyault of the National Consumers League said, Healthy markets require transparency.

The bill has support from Representatives Cleo Fields (D-La.), Jonathan Jackson (D-Ill.), Hank Johnson (D-Ga.), Jess Chuy Garca (D-Ill.), and Eleanor Holmes Norton (D-D.C.). Jackson said the measure would protect workers and families in cities like Chicago, while Norton added: Shrinkflation is the ultimate scam there is no greater insult to a consumers intelligence than to charge the same price for smaller quantities of essential items.

Correa previously introduced a version of the bill in the 118th Congress, but it did not advance.

What it means for consumers

  • Transparency: Companies would be required to either change packaging or add clear notices if product sizes shrink.

  • Protection: The FTC would have power to fine violators, making it riskier for corporations to mislead shoppers.

  • Awareness: Advocates say shoppers should check net weight labels carefully, but this law would make it easier to spot downsized products at a glance.

Shrinkflation explained

What it is:
Shrinkflation happens when companies quietly reduce the size or weight of a product a bag of chips, a roll of paper towels, even a tube of toothpaste while charging the same price or more. The packaging often looks nearly identical, making it harder for shoppers to notice.

Why companies do it:
Manufacturers say they face higher costs for ingredients, labor, and shipping. Instead of raising prices outright, some reduce package sizes. Critics call it deceptive because shoppers often dont realize theyre paying more for less.

Examples consumers may recognize:

  • Snack bags with more air and fewer chips

  • Cereal boxes that look the same but contain fewer ounces

  • Toilet paper rolls with fewer sheets per roll

  • Personal care items, like soap or shampoo, in smaller bottles that cost the same

How to spot it:

  • Always check the net weight or unit count on the package, not just the box size

  • Compare the price per ounce or unit, usually listed on store shelf tags

  • Watch for new look, same great product labels sometimes used when sizes change

The bottom line:
Shrinkflation makes it harder to stretch household budgets. Consumer advocates say the Deceptive Downsizing Prohibition Act would help shoppers make clearer choices by requiring companies to flag downsized products right on the label.


Read More ...


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