Financial Institutions, Summary Judgment, Consumer Financial Protection Bureau (CFPB)

CFPB Seeks to Vacate the Open Banking Rule

Holland & Knight LLP on 6/3/2025

The CFPB has requested that a federal district court vacate the Biden-era Open Banking Rule (Rule) in a motion for summary judgment filed on May 30, 2025. The CFPB had previously submitted a status report to the U.S. District...more

Fourth Circuit Reiterates that Absent Class Members Must Suffer Actual Harm

Carr Maloney P.C. on 1/24/2025

On January 23, 2025, the Fourt Circuit, in Alig v. Rocket Mortg., LLC, No. 22-2289, 2025 WL 271563 (4th. Cir. Jan. 23, 2025), reversed the District Court’s decision that a certified class action. In Alig, the plaintiffs filed...more

Plaintiffs free to appeal CFPB 1071 Rule after some plaintiffs drop their CFPB unlawful funding claim

Ballard Spahr LLP on 9/17/2024

On August 26, 2024, Chief Judge Randy Crane in the E.D. Texas granted summary judgment to the CFPB, denied summary judgment to the trade groups and upheld the CFPB’s 1071 Rule (small business loan data collection rule)....more

Kentucky Court Grants a Stay of Case Pending a Decision in the Texas Small Business Lending Lawsuit

Ballard Spahr LLP on 8/13/2024

On August 7, 2024, the U.S. District Court for the Eastern District of Kentucky granted the CFPB’s motion to stay the small business lending rule litigation before the court until resolution of the similar case pending in the...more

Fifth Circuit stays further proceedings in CFPB appeal of summary judgment in lawsuit challenging UDAAP exam manual changes...

Ballard Spahr LLP on 11/21/2023

Earlier this month, the CFPB filed a notice with the Texas federal district court that it is appealing to the Fifth Circuit the district court’s order granting summary judgment to a group of trade associations in their...more

CFPB appeals district court order granting summary judgment to plaintiffs in lawsuit challenging UDAAP exam manual

Ballard Spahr LLP on 11/9/2023

On November 6, the CFPB filed a notice with the Texas federal district court that it is appealing to the Fifth Circuit the district court’s order granting summary judgment to a group of trade associations in their lawsuit...more

Federal district court certifies interlocutory appeal in CFPB lawsuit against CashCall

Ballard Spahr LLP on 1/19/2017

The California federal district court judge who is presiding over the CFPB’s lawsuit against CashCall and several related companies that funded, purchased, serviced, and collected online installment loans has granted the...more

Subsequent debt collectors must send FDCPA validation notice, Ninth Circuit rules

Ballard Spahr LLP on 10/5/2016

The Ninth Circuit has ruled that the FDCPA requirement in 15 U.S.C. §1692g(a) for “a debt collector” to send a validation notice either in “the initial communication” or “[w]ithin five days after the initial communication...more

When CFPB Finds Deception Regardless Of A Lender’s Intent

Morrison & Foerster LLP on 9/30/2016

There is a tendency to think of consumer fraud and misrepresentation as intentional acts that deceive consumers into engaging in transactions that they would not otherwise engage in. A recent case demonstrates that the...more

CFPB Prevails On Summary Judgment Against CashCall, Inc.

Sheppard Mullin Richter & Hampton LLP on 9/6/2016

On August 31, 2016, in a ground breaking decision, the United States District Court in Los Angeles ruled that CashCall, Inc. violated the Consumer Financial Protection Act in connection with efforts to collect on certain...more

Dodd-Frank News: November 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

Burr & Forman on 11/3/2015

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

Real Property, Financial Services & Title Insurance Update: Week Ending October 16, 2015

Carlton Fields on 10/20/2015

REAL PROPERTY UPDATE - - Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it...more

Financial Institutions › Summary Judgment › Consumer Financial Protection Bureau (CFPB)

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