Upbound Group’s Acima Leasing Files Lawsuit Challenging CFPB Regulatory Overreach
July 22 2024 - 5:00PM
Business Wire
CFPB’s threatened enforcement action in
previously disclosed investigation of Acima seeks to usurp
long-standing state regulatory framework for lease-to-own
businesses
Acima Leasing (“Acima”), one of the leading providers of
lease-to-own solutions and a business of Upbound Group, Inc.
(NASDAQ: UPBD) (“Upbound” or the “Company”), today filed a lawsuit
against the U.S. Consumer Financial Protection Bureau (the “CFPB”)
in the United States District Court for the Eastern District of
Texas. Acima seeks to halt what it contends is the CFPB’s illegal
attempt to expand its authority as limited by federal law and usurp
the long-standing, comprehensive state regulatory framework
governing the lease-to-own industry.
The lawsuit asserts that the CFPB does not have the statutory
authority to bring its threatened enforcement action against Acima
because its flexible lease-to-own transactions are not credit,
loans or financing transactions as defined in the relevant federal
statutes. The CFPB has been conducting an investigation of Acima
that began prior to Upbound’s acquisition of Acima in 2021, as
previously disclosed by Upbound. Acima’s complaint alleges that its
transactions are already comprehensively regulated by state laws
that specifically govern lease-to-own transactions across the
United States and that the CFPB’s efforts to regulate these
transactions and impose obligations on Acima that conflict with
those under applicable state law are unauthorized under federal
law. Acima filed this action reluctantly, ultimately concluding the
CFPB was not prepared to settle with Acima on acceptable terms
after its long-standing cooperation. Efforts to negotiate a
resolution in good faith were met with the CFPB’s threat of
imminent commencement of litigation, refusal to meet with Acima in
person to discuss a potential resolution, and what Acima believes
are unsupportable demands.
Acima maintains an A+ rating with the Better Business Bureau and
has a strong net promoter score of 70 for returning customers,
demonstrating the value, simplicity and importance of Acima’s
lease-to-own solutions to improve their quality of life.
“We are committed to full compliance with the laws of the many
states in which we operate and will vigorously defend ourselves
against the CFPB’s regulatory overreach,” said Mitchell Fadel,
Chief Executive Officer of Upbound. “For more than 50 years, we
have provided millions of customers with the opportunity to access
quality brand-name products for their homes and families through
flexible lease-to-own options, and we have done so while adhering
to the highest standards of integrity and compliance. We remain
dedicated to serving our customers with transparency and fairness,
and to providing them with best-in-class solutions that improve
their lives.”
About Upbound Group, Inc.
Upbound Group, Inc. (NASDAQ: UPBD) is an omni-channel platform
company committed to elevating financial opportunity for all
through innovative, inclusive, and technology-driven financial
solutions that address the evolving needs and aspirations of
consumers. The Company’s customer-facing operating units include
industry-leading brands such as Rent-A-Center® and Acima® that
facilitate consumer transactions across a wide range of store-based
and digital retail channels, including over 2,300 company branded
retail units across the United States, Mexico and Puerto Rico.
Upbound Group, Inc. is headquartered in Plano, Texas. For
additional information about the Company, please visit our website
Upbound.com.
Forward-Looking Statements
This release contains forward-looking statements within the
meaning of the Private Securities Litigation Reform Act of 1995,
including, among others, statements concerning the CFPB’s
investigation and threatened enforcement action against Acima,
Acima’s litigation, the potential outcome of the lawsuit and
related matters. Such forward-looking statements are based on
particular assumptions that our management has made in light of its
experience and its perception of expected future developments and
other factors that it believes are appropriate under the
circumstances, and are subject to various risks and uncertainties.
Factors that could cause or contribute to the material and adverse
differences between actual and anticipated results include, but are
not limited to, the inherent risks and uncertainties in the outcome
of the lawsuit filed by Acima and the expected lawsuit to be filed
by the CFPB in response thereto and other risks detailed from time
to time in the reports filed by us with the SEC, including our most
recently filed Annual Report on Form 10-K, as may be updated by
reports on Form 10-Q or Form 8-K filed thereafter. You are
cautioned not to place undue reliance on forward-looking
statements, which speak only as of the date of this release. Except
as required by law, we are not obligated to and do not undertake
to, publicly release any revisions to these forward-looking
statements to reflect any events or circumstances after the date
hereof or to reflect the occurrence of unanticipated events.
View source
version on businesswire.com: https://www.businesswire.com/news/home/20240722250157/en/
Media: FGS Global Kelly Kimberly / Brandon Messina
Upbound@fgsglobal.com
Upbound (NASDAQ:UPBD)
Historical Stock Chart
From Jan 2025 to Feb 2025
Upbound (NASDAQ:UPBD)
Historical Stock Chart
From Feb 2024 to Feb 2025