Nationwide Biweekly Administration, Inc., Loan Payment Administration LLC, and Daniel S. Lipsky
On May 11, 2015, the Bureau filed a complaint against Nationwide Biweekly Administration, Inc., Loan Payment Administration LLC, and Daniel S. Lipsky alleging that they engaged in abusive and deceptive acts and practices in violation of the Consumer Financial Protection Act of 2010 (CFPA) and the Telemarketing Sales Rule (TSR) regarding a mortgage payment product known as the “Interest Minimizer Program.” Following a trial, on September 8, 2017, the district court issued an opinion and order finding that the defendants had engaged in deceptive and abusive conduct in violation of the CFPA and TSR. The court imposed a civil money penalty but denied the Bureau’s request for restitution and disgorgement. On November 9, 2017, the court reduced the previous order to a judgment that included permanently enjoining defendants from engaging in specified acts or practices.
Both parties appealed. On January 27, 2023, the United States Court of Appeals for the Ninth Circuit vacated the district court’s September 8, 2017 order and remanded the case to the district court to consider several issues raised on appeal. The Ninth Circuit’s decision did not include a ruling on the merits of the parties’ respective appeals.
On August 28, 2024, the district court reaffirmed its 2017 order and opinion, and on August 29, 2024, entered a new judgment in the same form as the original, imposing a permanent injunction, awarding injunctive relief prohibiting defendants from engaging in the conduct determined to be unlawful, and imposing a $7.93 million civil money penalty. Defendants appealed, and on November 17, 2025, the Ninth Circuit affirmed the lower court’s decision. On February 17, 2026, defendants filed a petition for a writ of certiorari. The petition remains pending.
Related documents
Final Judgment and Order Following Remand (This version has been modified from the version that was entered by the court in order to optimize the reading experience for individuals with disabilities. No text has been changed.)
Appeals Court Memorandum (Nov 2025)