News & Analysis as of

Consumer Financial Protection Act (CFPA) Motion to Dismiss UDAAP

Orrick, Herrington & Sutcliffe LLP

U.S. SDNY dismisses some claims and allows Bureau to file amended complaint in military lending case

On March 24, U.S. SDNY released its opinion and order granting dismissal, in part, with respect to counts two through five (and related claims under count six) in a case the CFPB brought against a loan company group (the...more

Ballard Spahr LLP

Another target of CFPB enforcement action argues that lawsuit filed on August 23, 2023 must be dismissed because the CFPB lacked...

Ballard Spahr LLP on

We have recently blogged about two other actions in which this issue has been raised (one being a declaratory judgment action filed against the CFPB on July 23, 2024 in the E.D. Tex. and the other being an enforcement action...more

Ballard Spahr LLP

CFPB files amicus brief in Third Circuit supporting PA AG

Ballard Spahr LLP on

The CFPB has filed an amicus brief in the U.S. Court of Appeals for the Third Circuit in the Pennsylvania Attorney General’s lawsuit against Navient Corp.  The PA AG’s lawsuit includes claims that Navient violated the...more

Ballard Spahr LLP

RD Legal Funding files answer to complaint in CFPB/NYAG lawsuit

Ballard Spahr LLP on

RD Legal Funding has filed an answer to the complaint in the lawsuit filed against it by the CFPB and New York Attorney General (NYAG)....more

Ballard Spahr LLP

RD Legal Funding and NYAG outline plans for proceeding in SDNY lawsuit

Ballard Spahr LLP on

RD Legal Funding and the New York Attorney General have filed a joint submission with Judge Preska of the Southern District of New York regarding how they propose to proceed in the CFPB’s and NYAG’s lawsuit against RD Legal...more

Ballard Spahr LLP

Oklahoma files amicus brief in support of tribal lenders’ motion to dismiss CFPB lawsuit

Ballard Spahr LLP on

The State of Oklahoma has filed an amicus brief in support of the motion to dismiss filed by four online tribal lenders sued by the CFPB for alleged Consumer Financial Protection Act and Truth in Lending Act violations. The...more

Ballard Spahr LLP

Atlanta federal district court interprets CFPA standard for “substantial assistance” liability

Ballard Spahr LLP on

Earlier this year, the CFPB filed a complaint in Atlanta federal district court targeting an alleged debt collection scam in which not only were the debt collectors named as defendants (Debt Collectors) but three companies...more

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