News & Analysis as of

Certiorari Constitutional Challenges Consumer Financial Protection Bureau (CFPB)

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court receives cert petition regarding CFPB’s payday lending rule

On March 7, a cert petition was filed at the U.S. Supreme Court challenging a decision by the U.S. Court of Appeals for the Fifth Circuit on the CFPB’s payday lending rule. The petitioner, a financial services trade...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: CFSA v. CFPB Moves to the U.S. Supreme Court - A Look at Constitutional Challenges to...

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The U.S. Supreme Court has agreed to review the Fifth Circuit decision in CFSA v. CFPB that held the CFPB’s funding violates the Appropriations Clause of the U.S. Constitution. After reviewing the history of the case from its...more

Hinshaw & Culbertson - Consumer Crossroads

A Circuit Split Emerges on the Constitutionality of the CFPB's Funding Structure, Months Before the Issue Comes Before the U.S....

On March 23, 2023, the Court of Appeals for the Second Circuit issued a decision in CFPB v. Law Offices of Crystal Moroney (Moroney). The case reviewed constitutional challenges to the Consumer Financial Protection Bureau's...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

Cozen O'Connor

Constitutionality of CFPB Funding Mechanism to Be Reviewed by Supreme Court

Cozen O'Connor on

The Supreme Court announced that it will resolve a circuit split over the constitutionality of the CFPB’s funding mechanism. The case is CFPB et al. v. Community Financial Services Association of America, Limited et al....more

Burr & Forman

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

Burr & Forman on

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

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

Ballard Spahr LLP

SCOTUS agrees to decide whether CFPB’s funding is unconstitutional but will not hear case until next Term

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The U.S. Supreme Court has granted the certiorari petition filed by the CFPB seeking review of the Fifth Circuit panel decision in Community Financial Services Association of America Ltd. v. CFPB. In that decision, the Fifth...more

Troutman Pepper Locke

Supreme Court to Hear CFPB Funding Case

Troutman Pepper Locke on

This morning the U.S. Supreme Court granted the Consumer Financial Protection Bureau’s (CFPB or Bureau) petition for certiorari in Community Financial Services Association of America Ltd. (CFSA) v. CFPB, a case that could...more

Ballard Spahr LLP

No ruling yet from SCOTUS on CFPB petition for certiorari seeking review of Fifth Circuit ruling that CFPB’s funding is...

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The order list issued this morning by the U.S. Supreme Court did not include a ruling on the certiorari petition filed by the CFPB seeking review of the Fifth Circuit panel decision in Community Financial Services Association...more

Ballard Spahr LLP

Briefing on CFPB certiorari petition seeking review of Fifth Circuit ruling that CFPB’s funding is unconstitutional and CFSA...

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The briefing on the CFPB’s certiorari petition seeking review of the Fifth Circuit panel decision in Community Financial Services Association of America Ltd. v. CFPB was distributed to the Supreme Court yesterday for...more

Ballard Spahr LLP

CFSA files opposition to CFPB’s certiorari petition seeking review of Fifth Circuit ruling that CFPB’s funding is unconstitutional...

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Community Financial Services Association (CFSA) has filed its brief in opposition to the CFPB’s certiorari petition seeking review of the Fifth Circuit panel decision in Community Financial Services Association of America...more

Troutman Pepper Locke

Community Financial Services Association of America Files Opposition to Certiorari and Cross Petition for Certiorari

Troutman Pepper Locke on

As discussed here, on October 19, 2022 the Fifth Circuit Court of Appeals in Community Financial Services Association of America Ltd. (CFSA) v. Consumer Financial Protection Bureau (CFPB) held that the CFPB’s funding...more

Troutman Pepper Locke

State AGs With Opposing Objectives File Separate Amicus Briefs Urging Supreme Court to Grant Cert in CFPB Funding Appeal

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As discussed here, on October 19, the Fifth Circuit Court of Appeals in Community Financial Services Association of America Ltd. (CFSA) v. Consumer Financial Protection Bureau (CFPB) held that the CFPB’s funding mechanism...more

Ballard Spahr LLP

State AGs file amicus briefs urging Supreme Court to grant CFPB’s petition for certiorari seeking review of Fifth Circuit ruling...

Ballard Spahr LLP on

Two groups of state attorneys general have filed amicus briefs in the U.S. Supreme Court urging the Court to grant the CFPB’s certiorari petition seeking review of the Fifth Circuit panel decision in Community Financial...more

Ballard Spahr LLP

SCOTUS agrees to hear case on FHFA’s constitutionality with implications for CFPB’s pre-Seila Law actions

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On July 9, the U.S. Supreme Court granted the two petitions for certiorari in Collins v. Mnuchin, the en banc Fifth Circuit decision which held that the FHFA’s structure is unconstitutional because the Housing and Economic...more

Holland & Knight LLP

Supreme Court Wrestles with Constitutional Challenge to the CFPB

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The U.S. Supreme Court heard argument on March 3, 2020, in Seila Law v. CFPB. The case involves a constitutional challenge to the structure of the Consumer Financial Protection Bureau (CFPB) by a California law firm under...more

Ballard Spahr LLP

SCOTUS hears oral argument in Seila Law

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The U.S. Supreme Court heard oral argument yesterday morning in Seila Law.  The two questions before the Court are whether the provision in Title X of the Dodd-Frank Act that only allows the President to remove the CFPB...more

A&O Shearman

Overview Of Cases Of Particular Interest Currently Pending Before The Supreme Court Of The United States

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Looking ahead, we preview cases currently pending before the Supreme Court—which have already been accepted for review by the Court—that may be of particular interest to readers of the Need-to-Know Litigation Weekly.  These...more

Ballard Spahr LLP

Seila Law and CFPB file briefs in U.S. Supreme Court

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Seila Law and the CFPB filed their briefs yesterday in the U.S. Supreme Court.  Both briefs address the question presented in Seila Law’s certiorari petition, which is whether the CFPB’s...more

Ballard Spahr LLP

SCOTUS sets March 3 oral argument in Seila Law

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The U.S. Supreme Court has scheduled oral argument in Seila Law on March 3, 2020. The question presented in Seila Law’s petition is whether the CFPB’s single-director-removable-only-for-cause structure violates the...more

Burr & Forman

Supreme Court to Decide Whether Structure of the Consumer Finance Protection Bureau is Constitutional

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On October 18, 2019, the Supreme Court granted the petition for a writ of certiorari filed in Seila Law LLC v. Consumer Financial Protection Bureau. In granting the petition, the Court agreed to take up two distinct issues....more

King & Spalding

Supreme Court Agrees to Hear Appeal Challenging Constitutionality of CFPB’s Single-Director Structure

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On October 18, the U.S. Supreme Court agreed to review a decision from the Ninth Circuit that affirmed the constitutionality of the structure of the Consumer Financial Protection Bureau (“CFPB”). The CFPB is an agency...more

Ballard Spahr LLP

SCOTUS sets briefing schedule in Seila Law

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The U.S. Supreme Court has set a briefing schedule in Seila Law, in which the questions before the court are whether the CFPB’s structure is constitutional and, if it is not, whether the court can sever the provision in the...more

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