News & Analysis as of

Consumer Financial Protection Bureau (CFPB) Title X Constitutional Challenges

Troutman Pepper Locke

D.C. Circuit Court Vacates Preliminary Injunction in NTEU v. CFPB

Troutman Pepper Locke on

On August 15, the U.S. Court of Appeals for the District of Columbia issued a decision in the case of National Treasury Employees Union (NTEU) v. Consumer Financial Protection Bureau (CFPB or Bureau). The appellate court...more

Bradley Arant Boult Cummings LLP

The CFPB at 10 Years: A Look Back and a Look Ahead

Over the years, we have followed actions of the Consumer Financial Protection Bureau (CFPB) and published information that can be found on our Financial Services Perspectives blog. Now that the 10-year anniversary of the CFPB...more

Ballard Spahr LLP

SCOTUS hears oral argument in Seila Law

Ballard Spahr LLP on

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

Ballard Spahr LLP

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

Ballard Spahr LLP on

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 denies certiorari petition filed by All American Check Cashing

Ballard Spahr LLP on

The U.S. Supreme Court has denied the Petition for a Writ of Certiorari Before Judgment filed by All American Check Cashing. In its petition, All American sought to have the Supreme Court hear its interlocutory appeal from...more

Ballard Spahr LLP

Second Circuit adjourns oral argument in RD Legal

Ballard Spahr LLP on

In CFPB and People of the State of New York v. RD Legal, the CFPB and NYAG appealed to the Second Circuit from the district court’s decision holding the CFPB’s structure is unconstitutional and striking all of Title 10 of...more

Ballard Spahr LLP

CFPB and NYAG file response and reply briefs in RD Legal

Ballard Spahr LLP on

The CFPB and the New York Attorney General have filed their response and reply briefs in the Second Circuit, where the CFPB and NYAG filed appeals from the district court’s decision and RD Legal Funding filed a cross-appeal. ...more

Ballard Spahr LLP

RD Legal Funding files opening brief in Second Circuit

Ballard Spahr LLP on

RD Legal Funding has filed its opening brief in the Second Circuit, where the CFPB and New York Attorney General filed appeals from the district court’s decision and RD Legal Funding filed a cross-appeal.  The CFPB and the...more

Ballard Spahr LLP

CFPB and NYAG file opening briefs with Second Circuit in RD Legal Funding case

Ballard Spahr LLP on

The CFPB and New York Attorney General have filed their opening briefs in their appeals to the Second Circuit in RD Legal Funding. ...more

Ballard Spahr LLP

Judge Preska dismisses with prejudice the New York Attorney General’s Dodd-Frank claim in the RD Legal Funding

Ballard Spahr LLP on

We have been following very closely the lawsuit filed by the CFPB and the New York Attorney General against RD Legal Funding.  We earlier reported that on June 21 Judge Preska dismissed the CFPB’s claims based on the...more

Ballard Spahr LLP

CFPB files appeal with Second Circuit in RD Legal Funding case

Ballard Spahr LLP on

As expected, following Judge Preska’s dismissal on September 12 of all of the New York Attorney General’s federal and state law claims, the CFPB filed an appeal with the Second Circuit from Judge Preska’s June 21 ruling in...more

Ballard Spahr LLP

Judge Preska dismisses all of NYAG’s claims in RD Legal Funding

Ballard Spahr LLP on

On September 12, Judge Preska entered an order and judgment dismissing all of the New York Attorney General’s federal and state law claims against RD Legal Funding.  ...more

Ballard Spahr LLP

Petition for certiorari filed by State National Bank of Big Spring raising constitutional challenge to CFPB

Ballard Spahr LLP on

A petition for certiorari was filed in the U.S. Supreme Court late last week by State National Bank of Big Spring (SNB) which, together with two D.C. area non-profit organizations that also joined in the petition, had brought...more

Ballard Spahr LLP

CFPB files proposed Rule 54(b) judgment in RD Legal case

Ballard Spahr LLP on

The CFPB has filed a proposed Rule 54(b) judgment in the RD Legal Funding case.  The proposed judgment provides that “for the reasons stated in the Court’s June 21, 2018 Order, (ECF No. 80), final judgment is hereby entered...more

Ballard Spahr LLP

NYAG asks Judge Preska to clarify order granting CFPB’s request for entry of Rule 54(b) judgment in RD Legal Funding case

Ballard Spahr LLP on

The New York Attorney General has sent a letter to Judge Preska asking her to clarify her August 23 order granting the CFPB’s request for entry of a Rule 54(b) judgment so that it can appeal her June 21 constitutionality...more

Ballard Spahr LLP

Court grants CFPB’s request for entry of Rule 54(b) judgment in RD Legal Funding case to allow appeal of constitutionality ruling

Ballard Spahr LLP on

Judge Preska has entered an order granting the CFPB’s request for entry of a Rule 54(b) judgment to allow the CFPB to appeal her June 21 constitutionality ruling to the Second Circuit....more

Ballard Spahr LLP

RD Legal Funding asks Judge Preska to stay NYAG’s claims pending CFPB’s appeal from Rule 54(b) judgment

Ballard Spahr LLP on

RD Legal Funding has submitted a letter to Judge Preska indicating that it does not oppose her entry of a Rule 54(b) judgment to allow the CFPB to appeal her June 21 constitutionality ruling to the Second Circuit but renews...more

Ballard Spahr LLP

CFPB will seek to appeal constitutionality ruling in RD Legal Funding case

Ballard Spahr LLP on

The CFPB has filed a letter with Judge Preska in which it asks “for a pre-motion conference with the Court for approval to file a motion under Rule 54(b) for entry of a final judgment with respect to the Bureau” in the RD...more

Ballard Spahr LLP

Judge Preska sets deadlines for filings on jurisdictional issues in RD Legal Funding case

Ballard Spahr LLP on

On July 25, Judge Preska entered an order setting deadlines for RD Legal Funding and the New York Attorney General (NYAG) to submit filings on jurisdictional issues and addressing other procedural matters....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

Seyfarth Shaw LLP

An SDNY Dilemma: CFPB Held Unconstitutional Over Director Removal Provision

Seyfarth Shaw LLP on

On June 21, 2018, in deciding a motion to dismiss a complaint brought the Consumer Financial Protection Bureau (“CFPB”)and the State of New York, Judge Loretta Preska of the U.S. District Court for the Southern District of...more

Ballard Spahr LLP

Will the CFPB appeal Judge Preska’s ruling striking Title X?

Ballard Spahr LLP on

The CFPB will soon need to decide how it will respond to the decision issued last week by Judge Preska of the Southern District of New York in RD Legal Funding finding that the CFPB’s single-director-removable-only-for-cause...more

Bradley Arant Boult Cummings LLP

Bureau of Consumer Financial Protection Once Again Deemed Unconstitutional

The Bureau of Consumer Financial Protection has once again been deemed unconstitutional, this time in an opinion issued on June 21, 2018, by Loretta A. Preska, Senior U.S. District Judge for the Southern District of New York,...more

Ballard Spahr LLP

House subcommittee to hold hearing tomorrow on CFPB’s constitutionality

Ballard Spahr LLP on

The Subcommittee on Oversight and Investigations of the House Committee on Financial Services has scheduled a hearing for tomorrow entitled “The Bureau of Consumer Financial Protection’s Unconstitutional Design.” The memo...more

25 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide