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Payday Lending Rule Supreme Court of the United States

Troutman Pepper

Fifth Circuit Modifies Prior Order Staying the CFPB Payday Loan Rule to “Clarify” that the Compliance Date is March 30, 2025

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In a shocking development yesterday, the U.S. Court of Appeals for the Fifth Circuit issued a per-curiam, single-sentence order purporting to “clarify” its prior stay of the compliance date for the Consumer Financial...more

Ballard Spahr LLP

CFPB: Payday Plaintiffs Not Entitled to En Banc Rehearing

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The plaintiffs challenging the CFPB payday lending rule should not be entitled to an en banc rehearing because the issues they cite already have become final and the time for rehearing has lapsed, the CFPB said last week...more

Ballard Spahr LLP

Plaintiff Trade Groups Petition for Rehearing En Banc in Challenge to Payday Lending Rule

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After the Supreme Court’s long-awaited 7-2 decision in CFSA v. CFPB that the Consumer Financial Protection Bureau’s (“CFPB’s”) funding mechanism did not violate the appropriations clause of the U.S. Constitution, the case was...more

Ballard Spahr LLP

CFPB announces March 30, 2025 compliance date for payday lending rule

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In a blog post published at the end of last week, the CFPB announced that its payday lending rule (Rule) would go into effect on March 30, 2025.  Because the Rule’s ability to pay requirements were rescinded, the only...more

Hudson Cook, LLP

Supreme Court Upholds CFPB Funding Structure, Clears Way for Payday Lending Rule Implementation

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By a 7-2 vote today, the U.S. Supreme Court rebuffed a challenge to the constitutionality of the Consumer Financial Protection Bureau's funding structure, lifting a cloud that threatened the agency's enforcement and...more

Ballard Spahr LLP

House votes to override CFPB small Business lending rule

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Last week, by a vote of 221-202, the House of Representatives voted to approve S.J. 32, the resolution introduced under the Congressional Review Act to override the CFPB’s final Section 1071 small business lending rule (1071...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

Venable LLP

C[FPB] You Later? Agency’s Future Hangs in the Balance After Oral Argument

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On October 3, the Supreme Court heard oral argument in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Limited, where the Court is reviewing the Fifth Circuit’s opinion that struck...more

Hudson Cook, LLP

U.S. Supreme Court Hears Oral Argument on Whether CFPB's Funding Mechanism Is Constitutional

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On October 3, 2023, the U.S. Supreme Court heard oral argument in Consumer Financial Protection Bureau v. Community Financial Services Association of America. At issue is the constitutionality of the CFPB's funding structure,...more

Troutman Pepper

Supreme Court Denies Oral Argument to Republican State AGs Who Argue That the CFPB Funding Mechanism Is Unconstitutional

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On August 21, the U.S. Supreme Court denied a request by West Virginia Attorney General (AG) Patrick Morrisey and 26 other state AGs to participate in oral arguments in Consumer Financial Protection Bureau (CFPB) et al. v....more

Cadwalader, Wickersham & Taft LLP

The Supreme Court Grants Petition to Decide Constitutionality of CFPB Funding

On February 27, 2023, the U.S. Supreme Court granted the Consumer Financial Protection Bureau’s Petition for a Writ of Certiorari in the closely watched case of CFPB v. Community Financial Services Association of America, and...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Agrees to Review Constitutionality of CFPB’s Funding, But Not on an Expedited Basis

The Supreme Court granted the Consumer Financial Protection Bureau’s (CFPB) request to review the Fifth Circuit’s decision in Community Financial Services Association of America v. Consumer Financial Protection Bureau but so...more

Burr & Forman

The U.S. Supreme Court Granted Certiorari to Determine Whether the CFPB’s Funding Structure Violates the Appropriations Clause of...

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On Monday, February 27, the United States Supreme Court granted the petition for a writ of certiorari in the case Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., No. 22-448,...more

Dorsey & Whitney LLP

The Supreme Court Update - February 27, 2023

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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

Dechert LLP

U.S. Supreme Court Grants Cert Petition by CFPB, Regulatory Uncertainty Remains

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On Monday, February 27, the U.S. Supreme Court granted the certiorari petition filed by the Consumer Financial Protection Bureau (“CFPB”) seeking review of the Fifth Circuit decision in Community Financial Services...more

Venable LLP

Supreme Court Agrees to Hear Case Involving CFPB Funding

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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

McGlinchey Stafford

Taking the Case: SCOTUS to Decide Constitutionality of CFPB

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Today, the Supreme Court of the United States granted the petitions for writs of certiorari filed in CFPB et. al. v. Com. Fin. Services Assn., where a panel of the United States Court of Appeals for the Fifth Circuit ruled...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court “relist” of CFPB petition for certiorari threatens prolonged legal limbo

The Supreme Court recently had the opportunity to grant the CFPB’s pending petition for certiorari seeking review of the U.S. Court of Appeals for the Fifth Circuit’s holding in Community Financial Services Association of...more

Orrick, Herrington & Sutcliffe LLP

CFPB urges Supreme Court review of 5th Circuit decision

The CFPB recently filed a reply brief in its petition for a writ of certiorari asking the U.S. Supreme Court to review whether the U.S. Court of Appeals for the Fifth Circuit erred in holding that the Bureau’s funding...more

Orrick, Herrington & Sutcliffe LLP

Respondents urge Supreme Court to wait on CFPB funding review

On January 13, respondents filed a brief in opposition to a petition for a writ of certiorari filed by the CFPB last November, which asked the U.S. Supreme Court to review whether the U.S. Court of Appeals for the Fifth...more

Hudson Cook, LLP

In Two Camps, 37 States and D.C. Urge Supreme Court to Review CFPB Funding Case

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Two coalitions of state attorneys general are urging the Supreme Court to review the constitutionality of the CFPB's funding structure—albeit for vastly different reasons. The two amicus briefs were filed December 14 in...more

Goodwin

PPP Extended; CFPB Revokes Pandemic-Related Regulatory Relief

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In This Issue. President Biden signed a bill extending the Small Business Administration’s (SBA) Paycheck Protection Program (PPP) through May 31, 2021; the Consumer Financial Protection Bureau (CFPB) announced the rescission...more

Ballard Spahr LLP

Supreme Court Invalidates DHS Rescission Of DACA Program: Implications For Payday Lenders

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In an opinion authored by Chief Justice Roberts (the “DACA Opinion”), the Supreme Court has concluded that the rescission of the DACA program by the U.S. Department of Homeland Security (DHS) was arbitrary and capricious and...more

Goodwin

Financial Services Weekly News - February 2019 #3

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Editor's Note - Good News, Bad News. Key developments in federal securities laws have recently brought both good news and bad news for current and prospective public companies. First, the Securities and Exchange Commission...more

Morrison & Foerster LLP

Financial Services Report – Winter 2018

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In between holiday shopping and merriment, we here at the Financial Services Report are pondering what’s in a name. Not much, said Shakespeare. Isaac Asimov begged to differ in a mystery story about who killed one of the...more

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