What Happened? On February 27, the Consumer Finance Protection Bureau (CFPB) and the Federal Trade Commission (FTC) filed an amicus brief in the 11th Circuit case Glover and Booze v. Ocwen Loan Servicing, LLC arguing that...more
The latest edition of the Payments Docket, our roundup of key litigation involving the payments industry, features fintechs and nonbanks continuing to face regulatory scrutiny, a pair of processors failing to process...more
12/13/2023
/ Banking Sector ,
Banks ,
Bitcoin ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Credit Cards ,
Financial Services Industry ,
FinTech ,
Mortgage Lenders ,
Mortgage Servicers
A&B Abstract: On July 19, 2023, the Consumer Financial Protection Bureau (CFPB) sued a Utah-based fintech company and several of its affiliates (the Company) for allegedly deceiving consumers and obscuring the terms of its...more
A&B Abstract: When litigating in federal court, government agencies are not exempt from the rules of discovery. The Eleventh Circuit reminded the Consumer Financial Protection Bureau (“CFPB”) of this in its recent decision...more
The latest edition of the Payments Docket, our roundup of key litigation involving the payments industry, features fintechs and nonbanks continuing to face regulatory scrutiny, crypto going bankrupt, and banks are paying for...more
5/26/2023
/ Banking Sector ,
Banks ,
Class Action ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Cryptocurrency ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Financial Services Industry ,
FinTech ,
IRS
A&B ABstract: On March 23, 2023, the Second Circuit held the Consumer Financial Protection Bureau’s (CFPB) funding structure is constitutional. This decision comes on the heels of the Supreme Court granting certiorari to...more
A&B Abstract: On Monday, January 9, 2023, the United States Supreme Court heard argument in a case with potentially major implications for companies and individuals alike....more
A&B Abstract: In November, the Consumer Financial Protection Bureau (“CFPB”) filed a petition for a writ of certiorari in connection with the Fifth Circuit’s recent decision in Community Financial, which held that the CFPB’s...more
A&B Abstract: On November 14, 2022, the Consumer Financial Protection Bureau (“CFPB”) filed a petition for a writ of certiorari in connection with the Fifth Circuit’s recent decision in Community Financial, which held that...more
A&B ABstract: In another existential challenge to the CFPB, last week the Fifth Circuit held in the Community Financial case that the CFPB’s funding structure is unconstitutional. On this ground, it vacated the CFPB’s Payday...more
A&B Abstract: On September 29, 2022, the Consumer Financial Protection Bureau (“CFPB”), sued MoneyLion Technologies Inc. and 37 of its subsidiaries (“MoneyLion”) in New York federal court for violations of the Military...more
The latest edition of the Payments Docket, our roundup of key litigation involving the payment industry, features FinTechs and nonbanks facing regulatory scrutiny, MCA lenders fighting a pair of beastie lawsuits, and a...more
Wondering what antitrust treatment college sports leagues should receive? There’s a Supreme Court ruling for that. Our Antitrust Team breaks down the Court’s NCAA v. Alston decision and considers its conclusions and...more
A&B ABstract: In response to the economic fallout of the COVID-19 pandemic, state executives and legislatures have seriously restricted residential foreclosures and evictions. These restrictions have included requiring...more
A&B ABstract -
On March 6, 2020, the Consumer Financial Protection Bureau (CFPB) announced three new initiatives aimed at preventing consumer harm....more
Our Financial Services Litigation Team dives into the oral argument before the U.S. Supreme Court that could decide the fate of the Consumer Financial Protection Bureau....more
Welcome back to the Class Action & MDL Roundup! Our fall edition covers notable class actions from the third quarter of 2019.
The circuit courts were busy with class actions in the third quarter. Appellate judges were able...more
1/21/2020
/ Apple ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Decertification ,
Decertify ,
FRCP 23(b)(3) ,
Multidistrict Litigation ,
Nissan ,
Popular ,
Product Defects ,
Putative Class Actions
A&B ABstract:
On December 10, 2019, the U.S. Supreme Court held that, absent the application of an equitable doctrine, the one-year statute of limitations for actions against debt collectors under the Fair Debt Collection...more
12/23/2019
/ Cause of Action Accrual ,
Credit Cards ,
Debt Collectors ,
Default Judgment ,
Discovery Rule ,
Equitable Tolling ,
FDCPA ,
Rotkiske v. Klemm ,
SCOTUS ,
Service of Process ,
Statute of Limitations
A&B ABstract:
In July 2019, the Consumer Financial Protection Bureau (“CFPB”) issued an update to its 2016 Advisory and Recommendations for Financial Institutions on Preventing and Responding to Elder Financial...more
A&B Abstract: In an effort to incent large depository institutions to return to FHA lending, the U.S. Department of Housing and Urban Development (“HUD”) and the U.S. Department of Justice (“DOJ”) entered into a Memorandum...more
A&B ABstract: On October 18, 2019, the Supreme Court granted certiorari in Seila Law v. CFPB to decide the constitutionality of the Consumer Financial Protection Bureau’s leadership structure....more
A&B ABstract: In a reversal of its previous position on the issue, the CFPB publicly asserted last month in two separate venues that the for-cause removal provision of the Consumer Financial Protection Act is...more
Welcome back to the Class Action & MDL Roundup! Our summer edition covers notable class actions from the second quarter of 2019.
The Supreme Court granted cert on a pair of ERISA cases that revived one ruling thought...more
10/1/2019
/ ATDS ,
Auto Insurance ,
Car Accident ,
Class Action ,
Class Certification ,
Data Breach ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Insurance Industry ,
Insurance Litigation ,
Product Defects ,
TCPA
A&B Abstract:
The Seventh Circuit recently held that the federal Higher Education Act does not preempt state law consumer protection and tort claims where student loan servicers made affirmative misrepresentations to...more
Welcome back to the Class Action & MDL Roundup! Our spring edition covers notable class actions from the first quarter of 2019.
There was a veritable traffic jam in the courts for the automotive industry. Manufacturers saw...more
6/28/2019
/ Antitrust Litigation ,
Arbitration ,
Arbitration Agreements ,
Auto-Dialed Calls ,
Automotive Industry ,
Biometric Information ,
Biometric Information Privacy Act ,
Call-In Pay ,
Class Action ,
Class Certification ,
Department of Labor (DOL) ,
FACTA ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
FRCP 23 ,
Groundwater ,
Off-Label Promotion ,
TCPA ,
Water Pollution