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Financial Regulatory Reform › Constitutional Challenges › Consumer Lenders

Orrick, Herrington & Sutcliffe LLP

Lending company seeks rehearing of $134M CFPB restitution order

Orrick, Herrington & Sutcliffe LLP on

On March 3, a lending company and its affiliates petitioned the U.S. Court of Appeals for the Ninth Circuit for rehearing of a January ruling that upheld a $134 million restitution order in favor of the CFPB (covered by...more

Ballard Spahr LLP

Populus files motion to dismiss CFPB enforcement action based on fact that CFPB has been unlawfully funded by Fed when it had no...

Ballard Spahr LLP on

We have previously blogged about an enforcement action brought on July 12, 2022 by the CFPB against Populus Financial Group, Inc., d/b/a ACE Cash Express, Inc. in Federal District Court for the Northern District of Texas...more

Ballard Spahr LLP

Rent-to-Own Company Sues CFPB Over Authority to Regulate RTO Transactions

Ballard Spahr LLP on

Part 1 – The CFPB has no authority to investigate or sue Acima because, under Dodd-Frank and the appropriations Clause of the Constitution, it may only be funded out of combined earnings of the Federal Reserve System and...more

Ballard Spahr LLP

Update on CFPB payday lending rule: “it ain’t over ‘till it’s over”

Ballard Spahr LLP on

On June 14, the CFPB announced that its payday lending rule would become effective on  March 30, 2025.  However, the CFPB ignored the possibility of further litigation in CFSA v. CFPB, the case challenging the payday lending...more

Troutman Pepper Locke

Fifth Circuit Rules CFPB Credit Card Late Fee Rule Case Stays in Texas

Troutman Pepper Locke on

On June 18, the Fifth Circuit Court of Appeals granted the plaintiffs’ petition for a writ of mandamus, effectively halting the transfer of the lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB or Bureau)...more

Ballard Spahr LLP

Transfer Redux: Once again, CFPB Late Fee litigation transferred from Texas to DC, transfer challenged in Fifth Circuit

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In a replay of earlier events, in response to an emergency petition for writ of mandamus and administrative stay of transfer filed by the plaintiffs in the lawsuit challenging the legality of the CFPB’s credit card late fee...more

Troutman Pepper Locke

Texas District Court Orders Transfer of the Credit Card Late Fee Rule Lawsuit to D.C. … Again: Fifth Circuit Promptly Issues Stay

Troutman Pepper Locke on

On Tuesday, the lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB or Bureau) credit card late fee rule (Final Rule) was ordered to be transferred from the U.S. District Court for the Northern District of...more

Goodwin

2023 Year in Review: Market Overview - Lessons from 2023, Emerging Issues for 2024

Goodwin on

Welcome to the Market Overview chapter of our annual report Consumer Financial Services 2023 Year in Review. For the consumer finance industry, 2023 was all about the Consumer Financial Protection Bureau (CFPB or Bureau)....more

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