The reinstatement of two Democratic NCUA board members has been put on hold by the U.S. Circuit Court of Appeals for the District of Columbia....more
7/30/2025
/ Administrative Agencies ,
Appeals ,
Board Members ,
Final Rules ,
Financial Services Industry ,
Government Agencies ,
Injunctions ,
Judicial Authority ,
NCUA ,
Regulatory Agencies ,
Regulatory Agenda ,
Regulatory Authority ,
Removal For-Cause ,
Stays ,
Trump Administration ,
Wrongful Termination
An ex parte temporary restraining order has been issued against the participants in a debt relief services scheme that allegedly targeted seniors, including veterans, using a variety of deceptive practices, including falsely...more
7/29/2025
/ Consumer Financial Products ,
Debt ,
Debt Relief ,
Debt-Relief Industry ,
Enforcement Actions ,
Ex Parte ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Fraud ,
Gramm-Leach-Blilely Act ,
Scams ,
Statutory Violations ,
Telemarketing ,
Telemarketing Sales Rule ,
TRO ,
UDAP ,
Unfair or Deceptive Trade Practices ,
Veterans
Two reinstated National Credit Union Administration (NCUA) board members participated in a board meeting on July 24, even as the Supreme Court signaled that three Democratic members of the Consumer Product Safety Commission...more
7/25/2025
/ Administrative Appointments ,
Consumer Product Safety Commission (CPSC) ,
Consumer Protection Laws ,
Government Agencies ,
Judicial Authority ,
NCUA ,
Regulatory Agencies ,
Regulatory Authority ,
Removal For-Cause ,
SCOTUS ,
Stays ,
Trump Administration ,
Trump v Wilcox ,
Wrongful Termination
A Federal Judge has ruled that two NCUA board members were illegally fired by President Trump and has restored their positions on the board. ...more
7/24/2025
/ Administrative Agencies ,
Appeals ,
Constitutional Challenges ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Government Agencies ,
Hiring & Firing ,
NCUA ,
Regulatory Agencies ,
Trump Administration ,
Wrongful Termination
In another case that may not augur well for the CFPB staff, the Supreme Court is allowing the Trump Administration to continue dismantling the Education Department, lifting a court order that had required the rehiring of as...more
7/18/2025
/ Appeals ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Education ,
Employee Rights ,
Employees ,
Employment Litigation ,
Government Agencies ,
Hiring & Firing ,
Judicial Authority ,
McMahon v New York ,
Regulatory Oversight ,
SCOTUS ,
Stays ,
Trump Administration ,
Voluntary Reduction in Force
In the aftermath of the Supreme Court’s ruling on June 27 invalidating universal injunctions as the remedy imposed by three federal district courts that had determined that President Trump’s Executive Order limiting...more
7/11/2025
/ Citizenship ,
Class Action ,
Class Certification ,
Constitutional Challenges ,
Executive Orders ,
Federal Rules of Civil Procedure ,
Fourteenth Amendment ,
Litigation Strategies ,
Preliminary Injunctions ,
SCOTUS ,
Trump Administration ,
Trump v CASA
On behalf of the American Bankers Association (ABA) and the Consumer Bankers Association (CBA), Ballard Spahr has submitted an amicus brief to the United States Supreme Court in Coinbase, Inc., et al. v. Kramer, et al., No....more
7/8/2025
/ American Bankers Association ,
Amicus Briefs ,
Arbitration ,
Arbitration Agreements ,
Banking Sector ,
California ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Federal Arbitration Act ,
Injunctive Relief ,
Petition for Writ of Certiorari ,
SCOTUS ,
The McGill Rule
Last Friday, the Supreme Court, in a 6-3 opinion in Trump v. CASA, Inc. covering three separate lawsuits that were consolidated for purposes of argument and decision, held that Federal Courts may not grant a universal...more
The OCC has mounted a vigorous defense of federal preemption, calling it “a cornerstone of the dual banking system, under which federally and state-charted banks operate alongside each other.”...more
Despite massive attempted layoffs and cancellation of third-party vendor contracts, the Trump Administration did not and does not intend to shut down the CFPB, a Justice Department attorney told a federal appeals court on...more
5/21/2025
/ Administrative Procedure Act ,
Appeals ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Deregulation ,
Employment Litigation ,
Enforcement Priorities ,
Financial Services Industry ,
Government Agencies ,
Hiring & Firing ,
Layoffs ,
Preliminary Injunctions ,
Regulatory Agencies ,
Regulatory Agenda ,
Regulatory Oversight ,
Trump Administration ,
Unions
The short answer is that the outcome of the Supreme Court hearing (whose oral argument is scheduled for May 15 at 10 am) is of immense importance to all stakeholders in the consumer financial services industry. We will...more
5/8/2025
/ Banks ,
Citizenship ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Actions ,
Executive Orders ,
Financial Regulatory Reform ,
Financial Services Industry ,
Fourteenth Amendment ,
Preliminary Injunctions ,
Regulatory Requirements ,
SCOTUS ,
Standing ,
Trump Administration
Today’s podcast features Stephen Calkins, a law professor at Wayne State University in Detroit and former General Counsel of the Federal Trade Commission (the “FTC”).
President Trump recently fired, without good cause, the...more
The podcast we are releasing today is part 2 of a re-purposed webinar we produced on March 25 titled “The Impact of the Election on the CFPB - Part 4.” As a result of the diminishing impact of the CFPB on enforcing the...more
The podcast we are releasing today is part 1 of a re-purposed webinar we produced on March 25 titled “The Impact of the Election on the CFPB - Part 4.” As a result of the diminishing impact of the CFPB on enforcing the...more
4/24/2025
/ Artificial Intelligence ,
Banks ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Enforcement Actions ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Retail Banks ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
The Trump Administration has appealed an order by a federal District Court Judge blocking the CFPB from firing 1483 employees effective in June 2025 and cutting off their access to CFPB work systems on April 18, 2025....more
4/23/2025
/ Appeals ,
Consumer Financial Protection Bureau (CFPB) ,
Deregulation ,
Employees ,
Employment Litigation ,
Financial Services Industry ,
Government Agencies ,
Hiring & Firing ,
Judicial Authority ,
Preliminary Injunctions ,
Regulatory Agencies ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration ,
Voluntary Reduction in Force
The judge who barred the Trump Administration from dismantling the CFPB says the agency cannot implement plans to fire the majority of the bureau’s employees at this stage....more
4/21/2025
/ Consumer Financial Protection Bureau (CFPB) ,
Employees ,
Employment Litigation ,
Government Agencies ,
Hiring & Firing ,
Judicial Authority ,
Preliminary Injunctions ,
Regulatory Agencies ,
Termination ,
Trump Administration ,
Unions
The CFPB is rescinding its existing enforcement and supervision priority documents, according to a memo sent to bureau staff by CFPB Chief Legal Officer Mark Paoletta....more
4/18/2025
/ Banks ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Discriminatory Lending Practices ,
Enforcement Priorities ,
Fair Lending ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Mortgages ,
Non-Bank Lenders ,
Regulatory Reform ,
Student Loans ,
Supervisory Guidance ,
Trump Administration
Our podcast show being released today is part 2 of a repurposed interactive webinar that we presented on March 24 featuring two of the leading journalists who cover the CFPB - Jon Hill from Law360 and Evan Weinberger from...more
4/17/2025
/ Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Enforcement Actions ,
FDIC ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Financial Services Industry ,
New Legislation ,
Proposed Legislation ,
Regulatory Reform ,
Trump Administration
At the request of both sides of the lawsuit, a federal judge has voided the CFPB’s credit card late fee rule....more
4/16/2025
/ Biden Administration ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Debit and Credit Card Transactions ,
Final Rules ,
Financial Regulatory Reform ,
Financial Services Industry ,
Judicial Authority ,
Late Fees ,
Regulatory Reform ,
Settlement ,
Trump Administration
On Friday, April 11, a panel of the D.C. Circuit Court of Appeals modified Judge Jackson’s preliminary injunction order of March 28 pending appeal, as follows...more
4/15/2025
/ Appeals ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Deregulation ,
Employees ,
Employment Litigation ,
Executive Orders ,
Hiring & Firing ,
Judicial Authority ,
Preliminary Injunctions ,
Regulatory Agencies ,
Regulatory Oversight ,
Trump Administration
Our podcast show being released today is Part 1 of a repurposed interactive webinar that we presented on March 24, featuring two of the leading journalists who cover the CFPB - Jon Hill from Law360 and Evan Weinberger from...more
4/10/2025
/ Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Dodd-Frank ,
Enforcement Actions ,
Final Rules ,
Financial Services Industry ,
Loans ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Requirements ,
Small Business
The Circuit Court of Appeals for the District of Columbia has issued an administrative stay for to a judge’s order blocking wholesale changes at the CFPB....more
4/9/2025
/ Administrative Agencies ,
Appeals ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Deregulation ,
Financial Services Industry ,
Government Agencies ,
Hiring & Firing ,
Judicial Authority ,
Preliminary Injunctions ,
Regulatory Oversight ,
Regulatory Reform ,
Stays ,
Trump Administration ,
Unions
Our special podcast show today deals primarily with a 112-page opinion and 3-page order issued on March 28 by Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia in a lawsuit brought, among...more
The two Democratic FTC members who were fired by President Trump have filed suit in federal court challenging their dismissal....more
4/3/2025
/ Appeals ,
Constitutional Challenges ,
Dismissals ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Commissioners ,
Hiring & Firing ,
Judicial Authority ,
Regulatory Reform ,
Removal For-Cause ,
SCOTUS ,
Seila Law LLC v Consumer Financial Protection Bureau ,
Trump Administration
Today’s podcast show features a discussion with David Dayen, executive editor of the American Prospect, which is an online magazine about ideas, politics, and power. He's the author of “Chain of Title: How Three Ordinary...more