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Consumer Financial Protection Bureau (CFPB) Financial Services Industry Administrative Agencies

Ballard Spahr LLP

Rent-to-Own Company Sues CFPB Over Authority to Regulate RTO Transactions

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Part 1 – The CFPB has no authority to investigate or sue Acima because, under Dodd-Frank and the appropriations Clause of the Constitution, it may only be funded out of combined earnings of the Federal Reserve System and...more

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A reply to Professor Sovern’s arguments as to why the Fed, notwithstanding its losses, can still lawfully fund the CFPB

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Although neither the CFPB, the Federal Reserve Board, nor the Treasury has responded to Professor Emeritus Hal Scott’s op-ed on May 20 in the Wall Street Journal, my interview with Professor Scott on our Consumer Finance...more

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CFPB Announces Virtual Meeting in January for Prospective Enforcement Staff Applicants

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On October 16 of last year, I reported that Eric Halperin, Enforcement Director of the CFPB, announced that the CFPB intended to substantially increase the number of enforcement staff by 50% and to create a 5th litigation...more

Troutman Pepper

Small Business Lenders Score Big Relief: Texas Federal District Court Grants Nationwide Injunction Against CFPB’s Implementation...

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In a major victory for small business lenders, yesterday the U.S. District Court for the Southern District of Texas granted motions filed by three groups of trade association intervenors to extend the court’s existing...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

Ballard Spahr LLP

CFPB Appoints New Members to Advisory Committees

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On October 5, the CFPB published the list of new members appointed to serve on the Consumer Advisory Board and each Council group....more

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CFPB planning significant staff increases; number of full-time enforcement attorneys to increase by 50%

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American Banker recently reported that the CFPB is planning to substantially increase the size of its staff, particularly its Enforcement Division staff....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

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

Troutman Pepper

Several Trade Associations Join Calls to CFPB to Stay Implementation of its Section 1071 Final Rule

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On August 18, the American Financial Services Association, Consumer Bankers Association, CRE Finance Council, Equipment Leasing and Finance Association, Mortgage Bankers Association, National Association of Federally-Insured...more

Ballard Spahr LLP

Happy Twelfth Anniversary CFPB

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Last Friday, July 21, 2023, marked the CFPB’s twelfth anniversary.  To publicize the occasion, the CFPB published a blog post on July 20 in which it touted its achievements and ongoing initiatives....more

Ballard Spahr LLP

16 amicus briefs filed with SCOTUS in support of CFSA’s position that CFPB’s funding mechanism is unconstitutional

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Sixteen amicus briefs have been filed with the U.S. Supreme Court in support of the position of the Community Financial Services Association of America (CFSA) that the Court should affirm the Fifth Circuit panel decision in...more

Cadwalader, Wickersham & Taft LLP

Second Circuit Rules CFPB Funding Mechanism Is Constitutional, Deepening Split with Fifth Circuit

On March 23, the U.S. Court of Appeals for the Second Circuit ruled that the CFPB’s funding mechanism is constitutional. The case, CFPB v. Law Offices of Crystal Moroney, is significant for two reasons. First, the Second...more

Orrick, Herrington & Sutcliffe LLP

House subcommittee discusses CFPB reform proposals

On March 9, the House Financial Services Committee’s Subcommittee on Financial Institutions and Monetary Policy held a hearing to discuss proposals that would alter the structure and authority of the CFPB. The subcommittee...more

Ballard Spahr LLP

CFPB announces new members of executive team

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The CFPB announced that the following individuals have joined its executive team: Susan M. Bernard will serve as Assistant Director for Regulations in the Research, Markets and Regulation Division.  Before joining the...more

Ballard Spahr LLP

CFPB provides highlights of first six months under Director Kraninger’s leadership

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To mark the first six months of Kathy Kraninger’s tenure as CFPB Director, the CFPB issued a press release providing highlights of the Bureau’s activities during that period....more

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CFPB’s top enforcement official reported to have resigned

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According to American Banker, Kristen Donoghue, who has served as the CFPB’s Assistant Director of Enforcement since November 2017, has resigned. ...more

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CFPB announces senior leadership changes

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Last Friday, the CFPB announced several changes in senior leadership.  The individuals and their backgrounds as set forth in the CFPB’s press release are as follows:...more

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Trade Groups Support Confirmation of Kraninger as CFPB Director

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A number of housing and financial industry trade groups, including the Mortgage Bankers Association and Real Estate Services Providers Council, Inc. (RESPRO®), recently sent a letter to Senators Mitch McConnell (R-KY) and...more

Ballard Spahr LLP

Paul Watkins named Director of CFPB Office of Innovation

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Paul Watkins, who formerly was in charge of  fintech initiatives in the Arizona Attorney General’s office, has been named by Acting Director Mulvaney to serve as Director of the Bureau’s Office of Innovation....more

Ballard Spahr LLP

Mulvaney to reorganize CFPB Office of Students and Young Consumers and take other actions

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According to media reports, CFPB Acting Director Mick Mulvaney has sent an email to Bureau staff indicating that he plans to fold the Office of Students and Young Consumers into the Office of Financial Education.  Both...more

Ballard Spahr LLP

Court dismisses credit union’s lawsuit challenging Mulvaney’s appointment

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The U.S. District Court for the Southern District of New York has dismissed for lack of Article III standing the lawsuit filed by a credit union challenging President Trump’s appointment of Mick Mulvaney as CFPB Acting...more

Skadden, Arps, Slate, Meagher & Flom LLP

Consumer Financial Protection Bureau Update

A degree of uncertainty hangs over the Consumer Financial Protection Bureau (CFPB) following the November 2017 resignation of its first director, Richard Cordray. On his last day in office, Cordray appointed his chief of...more

Stinson LLP

Will the New Year Bring a New CFPB? Planning in the Wake of Uncertainty

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The Consumer Financial Protection Bureau (CFPB) was created under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) in July 2010 in the wake of a financial crisis, as an independent agency tasked with...more

Ballard Spahr LLP

Credit union seeks preliminary injunction in SDNY case challenging Mulvaney’s appointment as CFPB Acting Director; parties submit...

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As we’ve reported, Lower East Side People’s Federal Credit Union (“People’s”), filed suit in the Southern District of New York to block Mick Mulvaney’s appointment as CFPB Acting Director. On December 12, People’s filed a...more

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