In this Webinar Hudson Cook partner, Mark Rooney, will examine the Supreme Court’s recently completed term and discuss how its major decisions will affect the consumer financial services market. The discussion will focus in...more
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
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
[co-author: Michael Daly]
The Supreme Court’s decision was a victory for Facebook and any other business that routinely attempts to communicate with its consumers using stored lists of consumer numbers.
The Supreme...more
The Supreme Court will consider several cases affecting the consumer financial services industry in its upcoming term, which starts October 5. The cases involve substantive issues of liability to consumers, questions relating...more
10/9/2020
/ AMG Capital Management LLC v FTC ,
Arbitration ,
Arbitrators ,
ATDS ,
Collins v Mnuchin ,
Constitutional Challenges ,
Consumer Financial Products ,
Facebook Inc v Duguid ,
False Advertising ,
Federal Arbitration Act ,
Federal Trade Commission (FTC) ,
FHFA ,
Henry Schein Inc v Archer and White Sales Inc ,
Liability ,
Liu v Securities and Exchange Commission ,
Removal For-Cause ,
Restitution ,
SCOTUS ,
Seila Law LLC v Consumer Financial Protection Bureau ,
TCPA
In June, the Supreme Court struck down the leadership structure of the CFPB as unconstitutional. (The case is Seila Law LLC v. CFPB, No. 19-7 (June 29, 2020), and the decision is here.) The case resolves a long-simmering...more
7/30/2020
/ Civil Investigation Demand ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Debt-Relief Industry ,
Director Kraninger ,
Dodd-Frank ,
Ratification ,
Removal At-Will ,
Removal For-Cause ,
Reversal ,
Rulemaking Process ,
SCOTUS ,
Seila Law LLC v Consumer Financial Protection Bureau ,
Separation of Powers ,
Severability Doctrine ,
Single Director
In Rotkiske v. Klemm, the Supreme Court has the opportunity to do what many plaintiffs’ attorneys have dreamed of for years: effectively expand the FDCPA’s one-year statute of limitations by applying the “discovery rule” to...more
10/24/2019
/ Appeals ,
Cause of Action Accrual ,
Common Law Test ,
Congressional Intent ,
Credit Cards ,
Debt Collectors ,
Default Judgment ,
Discovery ,
Discovery Rule ,
Dismissals ,
Equitable Relief ,
Equitable Tolling ,
FDCPA ,
Fraud ,
Fraud Exception ,
Limitation Periods ,
Oral Argument ,
Rotkiske v. Klemm ,
SCOTUS ,
Service of Process ,
Split of Authority ,
Statute of Limitations