News & Analysis as of

Consumer Financial Protection Bureau (CFPB) Unconstitutional Condition

Kohrman Jackson & Krantz LLP

Supreme Court Rules SEC Use of In-House Tribunals Unconstitutional: A Detailed Examination of the Ruling

On June 27, 2024, the United States Supreme Court issued a landmark decision in SEC v. Jarkesy, ruling that the Securities and Exchange Commission’s (SEC) use of in-house tribunals for civil penalties in securities fraud...more

Sheppard Mullin Richter & Hampton LLP

Lease-to-Own Fintech Sues the CFPB, Claiming it’s Unconstitutional 

On July 22, a Texas-based lease-to-own company filed suit against the CFPB in Federal District Court for the Eastern District of Texas alleging that its “illegal and unconstitutional investigation” into the company’s business...more

Troutman Pepper

Fifth Circuit Reverses Transfer of Credit Card Late Fee Rule Lawsuit to D.C.

Troutman Pepper on

On April 5, the U.S. Court of Appeals for the Fifth Circuit issued an order effectively reversing the district court’s decision to transfer the lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB or Bureau)...more

Dorsey & Whitney LLP

The Supreme Court Update - February 27, 2023

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in two cases: Consumer Financial Protection Bureau v. Community Fin. Services Assn., No. 22-448: This case involves a constitutional challenge to the...more

Eversheds Sutherland (US) LLP

Supreme Court will review Fifth Circuit decision holding CFPB’s funding unconstitutional

The Supreme Court has announced that it will hear a challenge to an October decision by a three-judge panel of the Fifth Circuit Court of Appeals holding that the CFPB’s funding mechanism is unconstitutional. The Court will...more

Venable LLP

Supreme Court Agrees to Hear Case Involving CFPB Funding

Venable LLP on

On February 27, 2023, the Supreme Court granted the certiorari petition of the Consumer Financial Protection Bureau (CFPB) to hear a case that could cast doubt on all of the regulations that have been promulgated by the...more

Hudson Cook, LLP

CFPB Bites of the Month - 2022 Annual Review - Credit Cards

Hudson Cook, LLP on

In this article, we share a timeline of our monthly "bites" for 2022 applicable to the credit card industry. As evidenced by the timeline, federal regulators (primarily the CFPB) are beginning to renew their focus on credit...more

Miller Canfield

Unconstitutional 'self-actualizing, perpetual funding mechanism' may pose new problem for Consumer Financial Protection Bureau

Miller Canfield on

On October 19, the Fifth Circuit Court of Appeals vacated the Consumer Financial Protection Bureau’s (CFPB) 2017 Payday Lending Rule. Although the holding is narrow, its rationale suggests—at least according to one court—that...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Rules CFPB Funding Structure Unconstitutional in Next Turn of Litigation

On October 19, in Community Financial Services Association of America, Limited v. Consumer Financial Protection Bureau, a three-judge panel in the Fifth Circuit unanimously found the CFPB’s funding structure to be...more

Venable LLP

Federal Appeals Court Finds CFPB Unconstitutionally Funded, Structured

Venable LLP on

The Consumer Financial Protection Bureau (CFPB) has once again been found to be unconstitutionally structured. The ruling is a win for CFPB critics and calls into question most actions taken by the agency....more

Ballard Spahr LLP

All American Check Cashing files supplemental en banc brief with Fifth Circuit

Ballard Spahr LLP on

In March 2020, the Fifth Circuit, on its own motion, entered an order vacating the panel’s ruling in All American Check Cashing that the CFPB’s structure was constitutional and granting rehearing en banc. On June 30, the...more

Bradley Arant Boult Cummings LLP

Supreme Court Holds That Part of CFPB’s Structure Is Unconstitutional

This morning, the United States Supreme Court issued its decision in Seila Law v. CFPB. Authoring the opinion for a five-justice majority, Chief Justice John Roberts wrote that the Consumer Financial Protection Bureau’s...more

BCLP

CFPB September 2019 Roundup

BCLP on

Enforcement, Innovation, Consumer Data and Unconstitutionality - Director Kraninger and the Consumer Financial Protection Bureau have been busy this month. Summer is over, and back to school it is. In addition to...more

Goodwin

Financial Services Weekly Roundup - August 2018 #2

Goodwin on

Editor's Note - Additional Regulatory Support for Financial Innovation. Last week, the Roundup reported that the Office of the Comptroller of the Currency (OCC) would begin accepting applications for special purpose national...more

Ballard Spahr LLP

Settlement Likely In CFPB’s Case Against T3 Leads

Ballard Spahr LLP on

It appears that Acting Director Mulvaney’s BCFP is about to settle a case that former Director Cordray’s CFPB filed in 2015 against D&D Marketing, which allegedly engages in lead generation for payday, tribal, and offshore...more

Goodwin

Financial Services Weekly Roundup - July 2018

Goodwin on

Editor's Note - Third Circuit Affirms AXA Section 36(b) Decision. On July 10, the U.S. Court of Appeals for the Third Circuit affirmed the district court’s decision in favor of the investment adviser in the Sivolella v....more

Goodwin

Federal Judge Rules CFPB Structure Unconstitutional

Goodwin on

On June 21, 2018, a judge in the Southern District of New York ruled that the Consumer Financial Protection Bureau’s (CFPB’s) single director structure is unconstitutional. See CFPB v. RD Legal Funding LLC (2018 WL 3094916...more

Goodwin

Financial Services Weekly News - March 2017 #4

Goodwin on

Editor's Note - The Battle Over the Proposed OCC FinTech Charter Continues. The Office of the Comptroller of the Currency (OCC) has released a draft supplement to its Licensing Manual explaining the process for FinTech...more

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