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Supreme Court of the United States › Consumer Protection Act

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Kohrman Jackson & Krantz LLP

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

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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

Cozen O'Connor

SCOTUS Adopts Favorable Standard for States’ Ability to Enforce Consumer Protection Laws Regulating National Banks

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The U.S. Supreme Court issued an opinion in Cantero v. Bank of America, N.A., No. 22-529, allowing states to enforce state consumer financial protection laws against both state and national banks. The Court was reviewing the...more

Morrison & Foerster LLP

U.S. Supreme Court Directs Second Circuit to Perform a Barnett Bank Analysis

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On May 30, 2024, the U.S. Supreme Court held in a unanimous decision that the preemption standard codified in section 1044 (12 U.S.C. § 25b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) requires...more

Wiley Rein LLP

Wiley Consumer Protection Download (June 4, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Bradley Arant Boult Cummings LLP

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism

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“Although there may be other constitutional checks on Congress’ authority to create and fund an administrative agency, specifying the source and purpose is all the control the Appropriations Clause requires.” With these...more

Foley & Lardner LLP

Supreme Court Rules That the CFPB Is Constitutionally Funded

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On May 16, 2024, the Supreme Court reversed a Fifth Circuit decision which held that the funding for the Consumer Financial Protection Bureau (CFPB) violated the Appropriations Clause. This case was viewed as pivotal to the...more

Troutman Pepper

Update: Congress Passes Resolutions to Override CFPB’s Section 1071 Final Rule, Biden Vows to Veto

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As discussed here, this summer, Representative Roger Williams (R-Texas) and Senator John Kennedy (R-La.) introduced identical Congressional Review Act (CRA) resolutions in the U.S. House and Senate (H.J. Res. 66 and S. J....more

Troutman Pepper

Credit Union Trade Associations Move to Intervene in Case Challenging CFPB’s Enforcement of its Section 1071 Rule

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On August 10, two credit union trade associations — Credit Union National Association (CUNA) and Cornerstone Credit Union League — and Rally Credit Union (collectively, Proposed Intervenors) filed an Unopposed Emergency...more

Troutman Pepper

Banks From Coast to Coast Urge CFPB to Stay Implementation of its Section 1071 Final Rule

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On August 8, bankers associations from all 50 states sent a joint letter to the Consumer Financial Protection Bureau (CFPB or Bureau) urging it to stay enforcement and implementation of the small business data collection and...more

Troutman Pepper

Trade Associations for Community Banks and Texas First Bank Move to Intervene in Case Challenging CFPB’s Enforcement of its...

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As discussed here, on April 26, the Texas Bankers Association (TBA), the American Bankers Association (ABA), and Rio Bank, McAllen, Texas (Rio Bank) filed a complaint in the U.S. District Court for the Southern District of...more

Troutman Pepper

Texas Bankers Challenge CFPB’s Section 1071 Rule

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On April 26, the Texas Bankers Association and Rio Bank, McAllen, Texas filed a complaint in the U.S. District Court for the Southern District of Texas challenging the Consumer Financial Protection Bureau’s (CFPB or Bureau)...more

Husch Blackwell LLP

Analyzing the Washington State My Health My Data Act

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Keypoint: In the aftermath of the Supreme Court’s Dobbs decision, Washington legislators introduced legislation to enhance privacy protections for consumer health data. In early March, lawmakers in Washington state’s House...more

Goodwin

2021 Year in Review: Consumer Finance

Goodwin on

[co-authors: Amelie Hopkins, and Collin Grier] The year 2021 started with the hope of COVID-19 vaccines and a return to (relative) normalcy, only to conclude with new variants that presented new challenges and extended...more

Bradley Arant Boult Cummings LLP

The SEC and Disgorgement After Liu

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A recent Fifth Circuit ruling suggests a softening of the SEC’s obligation to return disgorgement awards directly to victims, says Elisha Kobre, a partner at Bradley Arant Boult Cummings LLP. The issue is relevant because the...more

Foley & Lardner LLP

Questioning Disgorgement Remedies in Light of the U.S. Supreme Court’s AMG Capital Management, LLC v. FTC Decision

Foley & Lardner LLP on

In a unanimous decision in AMG Capital Management, LLC v. FTC, the U.S. Supreme Court held that the Federal Trade Commission (FTC) lacks authority under Section 13(b) of the FTC Act to seek restitution or disgorgement. The...more

ArentFox Schiff

Joe Biden: Not Just President but Super-Superintendent of Insurance?

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In addition to dramatically changing the policies of former President Trump on the pandemic, the economy, immigration, and other key issues, the Biden Administration is likely to substantially increase the federal...more

Butler Snow LLP

Supreme Court’s Grant of Certiorari Could Signal Change in Scope of Review for Remand Orders to State Courts

Butler Snow LLP on

The removal of a state court action to federal court is often conceptualized in the context of 28 U.S.C. § 1441, where, but for the plaintiff’s choice of venue, the matter could have been filed in federal court pursuant to...more

Vinson & Elkins LLP

Making Them Pay: Supreme Court To Consider FTC’s Restitution Authority

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On July 9, 2020, the U.S. Supreme Court announced that it would review the Federal Trade Commission’s authority to seek restitution in federal court for consumers who have been harmed by fraud and other misconduct in the...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Client Alert | April 2019

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Hotel Chain Pays $12 Million to Resolve Privacy Violations - Motel 6 settled claims with the Washington State Attorney General for $12 million to resolve charges that Motel 6 violated the Consumer Protection Act and the...more

Hinshaw & Culbertson LLP

Whistleblowers Now Actually Have to Report to The SEC For Dodd-Frank Protection

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On February 21, 2018, the U.S. Supreme Court ruled that provisions of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act that protect whistleblowers from being fired, demoted, or harassed by their employers...more

Morrison & Foerster LLP

Supreme Court Narrows Dodd-Frank Definition of Whistleblower

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On February 21, 2018, the Supreme Court held that to sue under the anti-retaliation provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), a person must first report a violation of...more

Goodwin

Financial Services Weekly News - April 2017 #4

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Editor's Note - State Regulators Sue OCC Over Federal FinTech Charter. On April 26, the Conference of State Bank Supervisors (CSBS) sued the Office of the Comptroller of the Currency (OCC) in the U.S. District Court for...more

Benesch

SCOTUS Considers the Fate of State AG Lawsuits under CAFA in Mississippi v. AU Optronics Corp.

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On November 6, 2013, the Supreme Court of the United States heard arguments in Mississippi v. AU Optronics Corp., Docket No. 12-1036. This case comes out of the United States Court of Appeals for the Fifth Circuit and...more

Eversheds Sutherland (US) LLP

Legal Alert: Supreme Court to Decide Removability of Parens Patriae Actions Under CAFA

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On May 28, 2013, the U.S. Supreme Court granted certiorari in Mississippi v. AU Optronics Corporation, No. 12-1036, to consider whether a parens patriae action brought by a state attorney general is removable as a “mass...more

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