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Consumer Financial Protection Bureau (CFPB) Administrative Authority

Clark Hill PLC

Administrative Law Report - October 2024, Vol. 1

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Welcome to your monthly rundown of all things administrative law, where we highlight all the happenings you may have missed. Environmental/Energy: D.C. Circuit Defers to EPA’s Factual Determinations: On Aug. 13, the US Court...more

Wiley Rein LLP

SEC v. Jarkesy: SCOTUS Restores Constitutional Protections to Agency Enforcement Actions

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In a broadside to in-house agency adjudications, the U.S. Supreme Court affirmed the constitutional right to a jury trial for defendants in Securities and Exchange Commission (SEC) enforcement proceedings seeking civil...more

Dorsey & Whitney LLP

The Supreme Court Update - May 16, 2024

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The Supreme Court of the United States issued three decisions today: CFPB v. Community Financial Services Association of America, Limited, No. 22-448: This case involves a constitutional challenge to the federal Consumer...more

Ballard Spahr LLP

Committee on Judicial Review of the Administrative Conference of the United States develops recommendation to prevent forum...

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On May 2, 2024, the Committee on Judicial Review of the Administrative Conference of the United States (“ACUS”), an independent federal agency tasked with improving government operations, approved a recommendation that...more

McGlinchey Stafford

Clues On High Court Outcome In CFPB Constitutionality Case

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On October 3, the U.S. Supreme Court heard oral arguments in the Consumer Financial Protection Bureau v. Community Financial Services Association of America, the latest in a long line of cases targeting the constitutionality...more

Epstein Becker & Green

The Validity of More Than a Decade’s Worth of Federal Regulations Are at Stake as the U.S. Supreme Court Decides the...

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On October 3, 2023, the United States Supreme Court heard oral argument in Community Financial Services Association of America Ltd., et al. v. Consumer Financial Protection Bureau, et al., in which the Court was asked to...more

Ballard Spahr LLP

SCOTUS hears oral argument in challenge to constitutionality of CFPB’s funding

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This week, the U.S. Supreme Court held oral argument in Community Financial Services Association of America Ltd. v. Consumer Financial Protection Bureau, a case we have been following closely on Consumer Finance Monitor...more

Ballard Spahr LLP

Is there a better route to nationwide relief than multiple preliminary injunction motions in the Texas lawsuit challenging the...

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This past Thursday, August 31, another preliminary injunction motion was filed in the Texas lawsuit challenging the CFPB’s small business lending rule (Rule). The latest motion was filed by XL Funding, LLC d/b/a Axle...more

Venable LLP

Supreme Court Case Watch: Securities and Exchange Commission v. Jarkesy and Its Impact on Independent Agencies

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With the end of the Supreme Court’s term in June, most eyes have been on the release of the last remaining merits decisions. In the midst of issuing the final opinions of the term, the Court also granted certiorari on a...more

Ballard Spahr LLP

CFPB files opposition to preliminary injunction motion in lawsuit challenging Section 1071 final rule

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The CFPB has filed its opposition to the motion seeking a preliminary injunction filed by the plaintiffs in the lawsuit challenging the validity of the CFPB’s final rule implementing Section 1071 of the Dodd-Frank Act (Rule)....more

Hinshaw & Culbertson - Consumer Crossroads

A Circuit Split Emerges on the Constitutionality of the CFPB's Funding Structure, Months Before the Issue Comes Before the U.S....

On March 23, 2023, the Court of Appeals for the Second Circuit issued a decision in CFPB v. Law Offices of Crystal Moroney (Moroney). The case reviewed constitutional challenges to the Consumer Financial Protection Bureau's...more

Holland & Knight LLP

U.S. Chamber, Trade Groups Suit Claims Consumer Financial Protection Bureau Exceeded Authority

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The U.S. Chamber of Commerce and six trade groups have filed suit in the U.S. District Court for the Eastern District of Texas against the Consumer Financial Protection Bureau (CFPB) alleging the Bureau is exceeding its...more

Hudson Cook, LLP

Discovering a Limit to Power: A Statute of Limitations Applied to the CFPB

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The substantial powers of the Consumer Financial Protection Bureau (CFPB) have recently received renewed attention following the U.S. Supreme Court's decision in Seila Law LLC v. CFPB. That case held that the CFPB was...more

ArentFox Schiff

California’s ‘Mini-CFPB’—Gov. Newsom’s Budget Proposal Forecasts Significant Expansion of Consumer Financial Services Oversight...

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California is poised to join the growing cadre of states enhancing their consumer financial protection functions in response to perceived decreasing federal oversight and enforcement under the Trump administration. Following...more

Goodwin

California and New York Propose to Expand Consumer Protections

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At the start of the new year, both California’s Governor Newson and New York’s Governor Cuomo proposed expansions to their respective state’s regulatory oversight of consumer financial services. Of particular note,...more

Ballard Spahr LLP

CA and NY governors propose expansion of state consumer financial protection regimes

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The governors of California and New York have both proposed to expand the authority of their respective state’s consumer financial services regulator.  Both governors have framed their proposals as a response to what they...more

Harris Beach PLLC

Credit Union Trade Organization Advocates for NCUA to Assume More Authority

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This week the trade organization representing credit unions, the Credit Union National Association (CUNA), urged the director of the Consumer Financial Protection Bureau (CFPB) to delegate examination and enforcement...more

Ballard Spahr LLP

President Trump’s FY 2020 budget continues attempt to subject CFPB to appropriations process

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Like his FY 2018 and FY 2019 budgets, President Trump’s FY 2020 budget would make the CFPB subject to the regular Congressional appropriations process....more

Ballard Spahr LLP

House Financial Services Committee hearing on CFPB highlights continuing partisan divide

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Yesterday’s hearing on the CFPB held by the House Financial Services Committee highlighted the continuing partisan divide over the CFPB’s implementation of its consumer protection mission but with Democratic and Republican...more

Ballard Spahr LLP

FTC sends 2018 annual ECOA report to CFPB

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The FTC has sent its annual letter to the CFPB reporting on the FTC’s activities related to compliance with the Equal Credit Opportunity Act and Regulation B. ...more

Ballard Spahr LLP

CFPB defends its constitutionality to Ninth Circuit panel: will Kraninger have a change of heart?

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The pendency of three cases in circuit courts challenging the CFPB’s constitutionality has given rise to speculation as to whether the CFPB will continue to defend its constitutionality under Director Kraninger’s leadership....more

Ballard Spahr LLP

Senate confirms Kraninger as CFPB Director

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Thursday afternoon, by a vote of 50-49, the Senate confirmed Kathy Kraninger as CFPB Director. Pursuant to the Dodd-Frank Act, the CFPB Director has a five-year term. ...more

Ballard Spahr LLP

President Trump issues executive order to change process used by CFPB and other federal agencies for hiring administrative law...

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In response to the U.S. Supreme Court’s decision in Lucia v. SEC, President Trump has issued an executive order that changes the process used by federal agencies for administrative law judges (ALJs)....more

Ballard Spahr LLP

RD Legal Funding and NYAG outline plans for proceeding in SDNY lawsuit

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RD Legal Funding and the New York Attorney General have filed a joint submission with Judge Preska of the Southern District of New York regarding how they propose to proceed in the CFPB’s and NYAG’s lawsuit against RD Legal...more

Ballard Spahr LLP

Will the CFPB appeal Judge Preska’s ruling striking Title X?

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The CFPB will soon need to decide how it will respond to the decision issued last week by Judge Preska of the Southern District of New York in RD Legal Funding finding that the CFPB’s single-director-removable-only-for-cause...more

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