In a lengthy decision that highlighted the CFPB’s very public efforts to dismantle the CFPB from within, the District Court for the District of Columbia granted a motion for preliminary injunction designed to preserve the...more
4/2/2025
/ Congressional Review Act ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Actions ,
Financial Regulatory Reform ,
Mortgages ,
Overdraft Fees ,
Payday Loans ,
Popular ,
Preliminary Injunctions ,
Regulatory Reform ,
Trump Administration
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.
...more
4/1/2025
/ Appeals ,
Arbitration ,
Class Action ,
Consumer Protection Laws ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
Jurisdiction ,
Landlords ,
Lemon Laws ,
Litigation Strategies ,
Mortgages ,
Summary Judgment
The Ninth Circuit Court of Appeals affirmed a district court’s decision to deny the plaintiff’s motion to compel arbitration, finding that the plaintiff was not an “aggrieved” party within the meaning of the Federal...more
Companies facing the threat of mass arbitration continue to seek judicial intervention to thwart such tactics. However, most of those attempts have failed. Recently, the District Court in the District of Colombia rejected a...more
On March 11, 2025, the New York County Civil Court issued an injunction under the New York Fair Credit Reporting Act (NYFCRA) barring a landlord from reporting to the credit reporting agencies (CRAs) the withheld rent...more
As we discussed previously, the Consumer Financial Protection Bureau (CFPB) is facing a threat to its very existence, and this time, the call is coming from inside the house. After Acting Director Russ Vought and the...more
The District of Maryland rejected a plaintiff’s arguments that a debt collector’s verification of a debt in response to a letter refusing to pay, but disputing the debt, violated the cease communication directive under the...more
With an across-the-board freeze on all rulemaking, enforcement, and supervisory activities, and a potential mass lay-off in the works, the CFPB continues to make news. Here’s a recap of all that happened this past week at the...more
As we have highlighted previously (here and here), the Consumer Financial Protection Bureau (CFPB) has continued to undergo significant changes under the second Trump Administration. However, various interested parties have...more
2/19/2025
/ Congressional Review Act ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Enforcement Actions ,
Executive Orders ,
Federal Vacancies Reform Act ,
Financial Regulatory Reform ,
Overdraft Fees ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration
In a decision with potentially wide-ranging implications, the Fourth Circuit Court of Appeals reversed a district court’s decision to deny a national bank’s motion to compel arbitration, finding that amendments to the...more
2/18/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Business Litigation ,
Class Action ,
Compliance ,
Dispute Resolution ,
Federal Arbitration Act ,
Federal Rules of Civil Procedure ,
Military Lending Act ,
Servicemembers Civil Relief Act (SCRA) ,
Veterans
In a procedural decision, the U.S. Court of Appeals for the Fifth Circuit vacated the CARS Rule (officially, the Combatting Auto Retail Scams Trade Regulation Rule, sometimes known as the Vehicle Shopping Rule) which was...more
2/17/2025
/ CARS Rule ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Disclosure Requirements ,
Dodd-Frank ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Informed Consent ,
Rulemaking Process ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
As we highlighted on Monday, the Consumer Financial Protection Bureau (CFPB) is currently facing an existential crisis as the Trump Administration and DOGE work to dismantle large parts of the consumer watchdog. Here’s what...more
2/17/2025
/ Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Employees ,
Enforcement Actions ,
Executive Appointments ,
Financial Institutions ,
Financial Regulatory Reform ,
Government Agencies ,
Presidential Nominations ,
Regulatory Oversight ,
Regulatory Reform ,
Termination ,
Trump Administration
A new acting director. Freezes on any rulemaking, enforcement, or supervisory activities. Attempts to dismantle the department from within. In the span of a short forty-eight hours, the CFPB has faced possibly the greatest...more
2/10/2025
/ Administrative Procedure Act ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Elon Musk ,
Enforcement Actions ,
Executive Orders ,
Federal Budget ,
Federal Funding ,
Financial Regulatory Reform ,
Government Agencies ,
Legislative Agendas ,
Regulatory Agenda ,
Regulatory Reform ,
Trump Administration
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
2/7/2025
/ Chevron Deference ,
Class Action ,
FCC ,
Financial Services Industry ,
Judicial Authority ,
Judicial Interpretation ,
Jurisdiction ,
Remand ,
SCOTUS ,
Standing ,
TCPA
Arsenis v. M&T Bank is a tale of two cases. The bank brought an action against Ms. Arsenis to foreclosure on a mortgage loan in New Jersey Superior Court. Through a combination of defenses and counterclaims in the foreclosure...more
2/5/2025
/ Abstention ,
Appeals ,
CARES Act ,
Compliance ,
Coronavirus/COVID-19 ,
FDCPA ,
Federal Arbitration Act ,
Financial Institutions ,
Foreclosure ,
Jurisdiction ,
Litigation Strategies ,
Mortgage Lenders ,
Mortgages ,
New Jersey ,
Popular ,
Remand ,
RESPA ,
Summary Judgment
As expected, the Trump administration formally terminated CFPB director Rohit Chopra over the weekend. And also as expected, President Trump used the Federal Vacancies Reform Act to appoint an acting CFPB Director—Treasury...more
2/4/2025
/ Consumer Financial Protection Bureau (CFPB) ,
Enforcement Actions ,
Executive Orders ,
Final Rules ,
Financial Regulatory Reform ,
Hedge Funds ,
Regulatory Agenda ,
Regulatory Freeze ,
Rulemaking Process ,
Trump Administration ,
U.S. Treasury
In a seminal opinion, the United States Supreme Court held that a case removed on federal question grounds is properly remanded when the plaintiff amends his or her complaint and dismisses the federal claims.
What is the...more
1/17/2025
/ Antitrust Provisions ,
Appeals ,
Article III ,
Case or Controversy ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Jurisdiction ,
Federal Rules of Civil Procedure ,
Remand ,
Removal ,
Royal Canin USA Inc v Wullschleger ,
SCOTUS ,
Supplemental Jurisdiction
With President-elect Donald Trump’s election victory and upcoming inauguration, big changes appear likely for the Consumer Financial Protection Bureau in 2025. As the bureau faces its third major leadership transition within...more
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
1/3/2025
/ Appellate Courts ,
Billing Errors ,
CARD Act ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Credit Cards ,
Credit Reporting Agencies ,
Credit Reports ,
Debt Collection ,
Do Not Call List ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Fee Caps ,
Financial Services Industry ,
Foreclosure ,
Jurisdiction ,
Late Fees ,
New York ,
Pro Se Litigants ,
Retroactive Application ,
Statute of Limitations ,
TCPA ,
Time-Barred Claims
On December 4, 2024, the Appellate Division, Second Department affirmed the trial court’s retroactive application of the Foreclosure Abuse Prevention Act (FAPA) to dismiss the re-commenced foreclosure action as time-barred...more
On December 16, 2024, the United States District Court for the Eastern District of New York dismissed claims against a credit reporting agency for violations of the Fair Credit Reporting Act (FCRA) and joined the United...more
On December 4, 2024, the United States District Court for the Western District of New York, as a matter of first impression, denied pro se plaintiff’s motion to remand claims against a national bank for violations of the...more
Yesterday, the Federal Trade Commission (FTC) finalized its “Rule on Unfair or Deceptive Fees” (Junk Fees Rule) designed, the FTC noted, to prohibit bait-and-switch pricing and mandate clear and conspicuous price disclosures...more
12/19/2024
/ Advertising ,
Biden Administration ,
Carve Out Provisions ,
Consumer Financial Protection Bureau (CFPB) ,
Disclosure Requirements ,
Event Tickets ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Fees ,
Financial Services Industry ,
Hidden Fees
On December 6, 2024, federal courts in the United States Second Circuit issued a pair of decisions clarifying that borrowers must identify a concrete injury caused by the dissemination of inaccurate information to establish...more
On December 6, 2024, the United States District Court for the Northern District of Texas denied a motion by the Consumer Financial Protection Bureau (CFPB) to dissolve a preliminary injunction that had enjoined its Credit...more