MenuMENU
SearchSEARCH

New York Financial Regulator Uses Dodd-Frank to Sue Auto Lender

April 25, 2014
4 min to read


Via NYTimes


By his own admission, even New York’s top financial regulator did not know he could use the Dodd-Frank law to enforce consumer protections until very recently.


Once he did, however, Benjamin M. Lawsky, the state’s superintendent of financial services, put the power to use.


On Wednesday, Mr. Lawsky’s office filed a lawsuit against a subprime auto lender in New York, accusing it of violating certain provisions of the Dodd-Frank financial overhaul act.


The move appears to make Mr. Lawsky the first state financial regulator and the second state regulator to take advantage of a weapon many of his peers may not have even known was in their arsenal. And as officials across the country seek to appear tough on wrongdoers after the financial crisis, the action could encourage other state regulators to follow suit.


“The authority is clearly there, but it’s never been used by a state regulator before,” said Alan S. Kaplinsky, a lawyer who leads the consumer financial services group at Ballard Spahr. “Once Lawsky does it, other state regulators are going to look at it.”


Dodd-Frank, which was put into place after the financial crisis, contains provisions that prohibit deceptive, abusive or unfair practices by financial companies. It also allows state regulators to enforce those provisions and grants them broader authority than they would have under state law.


Mr. Lawsky’s complaint, filed in Federal District Court in Manhattan, contends that the Condor Capital Corporation, a subprime auto lender based on Long Island, siphoned millions of dollars away from the accounts of unwitting borrowers. To do this, the company would shut down borrowers’ access to online accounts after a loan had been repaid, leaving them unable to see whether an insurance payoff, overpayment or other transaction had left excess money behind, according to the suit.


Condor is also accused of having little or no standards for safeguarding its customers’ personal information. In one instance, examiners found “stacks of hundreds of hard-copy customer loan files lying around the common areas of Condor’s offices.”


The company’s executive vice president, Todd Baron, also stored “backup” tapes that contained confidential customer information without encryption at his home, according to the suit, which also names Condor’s owner, Stephen Baron, as a defendant.


“Simply put, Condor cannot be trusted to service its customers’ loans or handle their funds and data in a safe and lawful manner,” the suit says.


Soon after the suit was filed, a judge granted Mr. Lawsky’s office a temporary restraining order to freeze Condor’s accounts and operations, a spokesman at the department said. The company held more than 7,000 loans to New York State residents with outstanding balances of more than $97 million at the end of 2013, according to the complaint. Across the country, the company’s loan portfolio contained outstanding loans of more than $300 million.


A receptionist at Condor, who declined to give her name, said the company had no comment on the suit.


In his pursuit of Condor, Mr. Lawsky can seek restitution and the ability to install a receiver to run the company. He can also try to move the case into federal court, which would give his office the ability to seek relief for all of Condor’s customers, not just those based in New York. Condor operates in 30 states, according to its website.


But few state regulators have taken advantage of this ability to cast a wider net.


In March, Lisa Madigan, the Illinois attorney general, used the authority granted under the Dodd-Frank Act to sue a payday lender she accused of intentionally deceiving borrowers.


“Once Lawsky does it, other state regulators are going to look at it, and look at what Madigan did and I think it will be the beginning of a lot of additional lawsuits being brought by state A.G.s and state regulators predicated on federal law,” Mr. Kaplinsky said. “I think it will mark the beginning of a trend.”


State regulators had fewer options to pursue banks and other financial companies before the financial crisis, when enforcement was largely left to federal agencies. After the crisis, however, the government had an interest in expanding the states’ power.


“It was a reaction to the feeling at the time that the federal government had largely run roughshod over the rights of states when it came to dealing with the mortgage crisis,” Mr. Kaplinsky said. “This was a way of leveling the playing field and for getting support from the various states for the enactment of Dodd-Frank.”

More Industry

man holding up car keys
Industryby Lauren LawrenceJanuary 9, 2026

2026 Consumer Priorities Revealed

The Global Automotive Consumer Study shows that U.S. car shoppers value in-person dealership visits, crave more affordability, and are still hesitant about EV adoption.

Read More →
Aerial picture of Norway with Tesla logo in top right corner
Industryby Lauren LawrenceJanuary 8, 2026

Norway Auto Sales Almost Entirely Electric

Tesla is the No. 1 selling car brand in the Nordic country and dominates its EV market with a 19% market share. The Model Y is the top-selling vehicle, setting the record for single-car model registrations last year.

Read More →
Protective Life Corporation building
Industryby StaffJanuary 6, 2026

Protective Expands Reach With F&I Acquisition

Protective Life Corp. closed its acquisition of F&I company Portfolio Holding Inc., expanding its Asset Protection Division across the automotive, RV, power sports and marine sectors.

Read More →
Ad Loading...
Industryby Hannah MitchellJanuary 5, 2026

Late-Year Auto Sales Off

Purchases of new and used vehicles were down in December despite several positive market turns for consumers, whose optimism didn’t match their big-ticket spending.

Read More →
lineup of cars
Salesby Lauren LawrenceJanuary 5, 2026

Used-Car Prices Down in December

A Carfax index indicates that prices were higher than December 2024 but had been on a downward trend for the past few months.

Read More →
Split picture. Toyota on left. Lexus on right.
Industryby Lauren LawrenceJanuary 5, 2026

Dealer Survey Shows Increased Optimism

The 2025 Kerrigan Dealer poll reports the first improvement in valuation expectations since 2021, with 24% of dealers expecting an increase this year, up 41%.

Read More →
Ad Loading...
Vintage convertible driving along a desert highway, capturing the freedom and cultural impact of early American car travel.
IndustryJanuary 1, 2026

Driving America Forward

As America turns 250, explore how the automotive industry shaped jobs, culture, innovation, and mobility from Detroit assembly lines to today’s EV era.

Read More →
Industryby Hannah MitchellDecember 26, 2025

2025 Sales Expected Up

The series of sales spikes this year that were inspired by shifting U.S. policies defied the drag of those same changes, according to one early forecast.

Read More →
Industryby Hannah MitchellDecember 24, 2025

Tundras in Tokyo

Toyota said it plans to sell some U.S. made models to its home-country consumers starting next year, despite the vehicles’ large size for a small-car culture.

Read More →
Ad Loading...
Industryby StaffDecember 23, 2025

Black Book: Weekly Market Update

Despite the week's softening conditions, the market analyst said demand for used vehicles showed in competitive bidding for newer units in better condition.

Read More →