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Payments Docket | July 2025

The latest edition of the Payments Docket, our roundup of key litigation and enforcement involving the payments industry, features the CFPB dropping most of its caseload, several states’ decisions to pick up the slack, and...more

Wave Goodbye to the Waiver Debate: Court Holds Data Breach Investigation Report Not Work Product from the Start

Litigants in data breach class actions often fight over whether a data breach investigation report prepared in response to the breach is protected by the work-product doctrine. Common areas of dispute include whether the...more

CFPB’s “Overdraft Lending” Rule Faces Immediate Legal Challenge

What Happened? On December 12, 2024, the Consumer Financial Protection Bureau (CFPB) issued its final “overdraft lending” rule aimed at curbing overdraft fees charged by banks and credit unions with more than $10 billion in...more

Payments Docket – December 2024

The latest edition of the Payments Docket, our roundup of key litigation and enforcement involving the payments industry, features why the CFPB’s open banking rule is under fire, a convenience fee that steals your lunch...more

CFPB and FTC Amicus Brief Signals Stance on “Pay-to-Pay” Fees under FDCPA

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

Payments Docket – December 2023

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

Oh Snap! CFPB Sues Fintech Company under CFPA and TILA

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

Being a Government Agency is not an Exception to the Federal Discovery Rules

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

Payments Docket - May 2023

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

Second Circuit Deepens Circuit Split over CFPB Funding Structure

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

Supreme Court Wrestles with Scope of Attorney-Client Privilege

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

38 Attorneys General Ask SCOTUS to Determine the CFPB’s Fate

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

CFPB Petitions High Court to Consider Decision Holding Funding Structure Unconstitutional

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

The CFPB’s Funding Structure Held Unconstitutional: The Practical Implications

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

CFPB Sues MoneyLion over Membership Program, Uses Military Lending Act as Hook

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

Payments Docket – September 2022

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

NCAA in Foul Trouble After Supreme Court Favors Student-Athletes

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

State Courts Require Strict Compliance with Foreclosure Procedures

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

CFPB Announces New Initiatives to Prevent Consumer Harm

A&B ABstract - On March 6, 2020, the Consumer Financial Protection Bureau (CFPB) announced three new initiatives aimed at preventing consumer harm....more

Supreme Court Hears the CFPB Declare Itself Unconstitutional

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

Class Action & MDL Roundup – Fall 2019

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

Supreme Court Ruling Addresses FDCPA Statute of Limitations

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

CFPB Updates Financial Institution Guidance on Elder Financial Exploitation

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

Slaying the Monster? Reduced Risk of False Claims Act Prosecution for FHA Lenders

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

Supreme Court to Decide CFPB’s Constitutionality

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

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