Bear Stearns Will Pay $28 Million

Litigation Reports

Bear Stearns and subsidiary EMC Mortgage on Tuesday agreed to pay $28 million in settlement with the Federal Trade Commission, on charges of defrauding tens of thousands of home loan customers and violating four sets of federal laws.

"The companies violated four different federal laws, "said Frank Dorman, the spokesperson for the FTC. "We hope people in mortgage servicing companies will read this judgment and adhere to the law."

Bear Sterns through its mortgage subsidiary, EMC, has handled 475,000 mortgage loans in the last year.

Apart from misrepresenting the amounts borrowers owed, said the FTC's complaint, the company charged unauthorized fees to clients. One such fee was the $500 loan-modification fee, which was automatically added to the loan's principle balance, without notice to the client.

The company also made harassing collection calls, where agents would wrongly state the legal status or amount of the customers' debts.

The defendants also failed to notify customers of their right to obtain verification of the debt, or of their right to dispute the debt. When the loans were contested, the defendants failed to report the dispute to credit reporting agencies, as required by law.

Bear Sterns and EMC did, however, illegally share information about the customers' payment status with credit reporting agencies.

In total, the FTC Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and regulation Z of the Truth in Lending Act were all violated.

Apart from the $28 million in redress to affected customers, the settlement prohibits the companies from violating these laws in the future, and requires that they establish and maintain a comprehensive data integrity program to ensure accuracy of their data regarding consumers' loans.

The companies must also hire a qualified and independent group to ensure compliance with the settlement.

Apart for redress to consumers, no fines were imposed.

Bear Steams and EMC Mortgage are represented by Kevin Arquit, from Simpson Thacher & Bartlett.

Related listings

  • US families contest Italian law restricting citizenship by descent in court

    US families contest Italian law restricting citizenship by descent in court

    Litigation Reports 04/16/2026

    Two U.S. families went to Italy's highest court Tuesday to challenge the scope of a year-old law passed by Giorgia Meloni's government limiting citizenship claims to Italian descendants removed by more than two generations.Their lawyer, Marco Mellone...

  • Alleged white supremacist pleads guilty in fire at Tennessee center

    Alleged white supremacist pleads guilty in fire at Tennessee center

    Litigation Reports 04/11/2026

    A man linked to white supremacist movements pleaded guilty on Monday to setting a fire that destroyed an office at a historic social justice center in Tennessee, a court document shows.Regan Prater also pleaded guilty to attempting to aid a foreign t...

  • BBC asks US court to dismiss Trump's $10 billion defamation lawsuit

    BBC asks US court to dismiss Trump's $10 billion defamation lawsuit

    Litigation Reports 03/20/2026

    The BBC filed a motion Monday asking a U.S. court to dismiss President Donald Trump's $10 billion lawsuit against it, warning that the case could have a "chilling effect" on robust reporting on public figures and events.The suit was filed in a Florid...

Any contracts or any transactions can go awry at any time

We know your business means a lot to you and want to understand all the aspects of your business so that we can help you in the best ways possible. We don’t discriminate depending on the size of your company. Our mission statement is to represent all business owners and entrepreneurs by navigating them through the rough waters of business litigation and guiding them to success.

We are attorneys who want to make sure we understand your business objectives and goals before we start providing you with legal counsel individualized to your business. We know what it means to be dedicated to your business. After all, we are a business as well. And just like you, we want to provide the best service we can to our clients.

Any contracts or any transactions can go awry at any time. Sometimes, making important business decisions without legal help from business attorneys could cost you your business.We don’t want you or your business to be misconstrued by anyone. Our attorneys make sure that we communicate with you often to make sure we are giving you the legal guidance you need at all times. We make sure we are responsive in a timely-manner with every single one of our clients to help them identify risks and prevent legal battles before they arise.