Future Income Payments, LLC, Scott Kohn, and related entities
On September 13, 2018, the Bureau filed a lawsuit against Future Income Payments, LLC, Scott Kohn, and several related entities, in the U.S. District Court for the Central District of California. The Bureau alleged that defendants represented to consumers that their pension-advance products were not loans, were not subject to interest rates, and were comparable in cost to, or cheaper than, credit-card debt when, in actuality, the pension-advance products were loans, and were subject to interest rates that were substantially higher than credit-card interest rates. The Bureau also alleged that the defendants failed to disclose a measure of the cost of credit, expressed as a yearly rate, for its loans. The Bureau obtained a clerk’s entry of default in December 2018. On October 17, 2019, the court transferred the matter to the U.S. District Court for the District of South Carolina.
On February 22, 2021, the court entered a default judgment against all defendants and appointed a receiver. The default judgment imposes a permanent injunction, including a permanent ban on advertising, marketing, promoting, offering for sale, or selling any pension-advance products, and requires defendants to pay over $436 million in consumer restitution and a $65,481,736 penalty. The receiver’s work is ongoing.