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Litigation Strategies Consumer Financial Protection Bureau (CFPB) Financial Services Industry

Brownstein Hyatt Farber Schreck

Brownstein Secures More Regulatory Wins Through Litigation and Advocacy Efforts

In two cases challenging regulatory actions by the Biden-era Consumer Financial Protection Bureau (CFPB), Brownstein secured major wins for the collections industry. First, in litigation filed in Texas, Brownstein represented...more

Balch & Bingham LLP

Balch’s Consumer Finance Compass: How Standing Can Make or Break Certification for Class Action Lawsuits in Debt Collection

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In our Consumer Finance Compass series, Balch’s Jason Tompkins offers a preview of his upcoming presentation for the Association of Credit & Collection Professionals (ACA) Convention 2025, titled “Class Action Lawsuits in...more

Orrick, Herrington & Sutcliffe LLP

District court denies six organizations from intervening in Section 1033 rule litigation

On July 8, the U.S. District Court for the Eastern District of Kentucky denied several memoranda for leave to file as amicus curiae in support of an intervenor trade association in a challenge to the CFPB’s Section 1033 rule....more

Ballard Spahr LLP

Supreme Court rejects granting of universal or nationwide injunctions in landmark opinion

Ballard Spahr LLP on

Last Friday, the Supreme Court, in a 6-3 opinion in Trump v. CASA, Inc. covering three separate lawsuits that were consolidated for purposes of argument and decision, held that Federal Courts may not grant a universal...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit denies rehearing of lending company’s restitution challenge

On April 24, the U.S. Court of Appeals for the Ninth Circuit denied a loan company’s petition for rehearing and or rehearing en banc. The lender contested that the $134 million legal restitution it was mandated to pay to the...more

Orrick, Herrington & Sutcliffe LLP

CFPB moves to stay litigation to review supervision order

On February 6, the CFPB filed an unopposed motion to stay litigation pending in the U.S. District Court for the District of Columbia between the CFPB and a large tech company. As covered previously by InfoBytes, this...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: Universal Injunctions, Associational Standing, and Forum Shopping - Their Effects on...

Ballard Spahr LLP on

Special guest Professor Alan Trammell of Washington and Lee University School of Law joins us today for a deep dive into universal injunctions and the related topics of associational standing and judicial forum shopping, and...more

Womble Bond Dickinson

Increasing Volume of Pro Se, Frequent Litigants, and Pre-Litigation Demands & Arbitration Claims in Financial Services Litigation...

Womble Bond Dickinson on

This is the first in a series of articles based on Womble Bond Dickinson’s recent 2024 Trends in Financial Services Litigation seminar. Managing consumer disputes and consumer lawsuits has always been a fact of life for...more

Ballard Spahr LLP

Plaintiffs in credit card late fee rule case ask Fifth Circuit to keep appeal even though the district court has scheduled a...

Ballard Spahr LLP on

On March 26, 2024, the plaintiffs in the lawsuit challenging the CFPB’s final credit card late fee rule (“Final Rule”) filed a Notice Regarding Their Emergency Motion for Injunction Pending Appeal and Administrative Stay in...more

Ballard Spahr LLP

Seventh Circuit offers advice to debt collectors facing sequential lawsuits

Ballard Spahr LLP on

The U.S. Court of Appeals for the Seventh Circuit recently ruled in Horia v. Nationwide Credit & Collection, Inc. that a consumer was not precluded from bringing a second FDCPA lawsuit against a debt collector for failing to...more

Ballard Spahr LLP

CFPB files opposition to All American Check Cashing’s cert petition; All American replies

Ballard Spahr LLP on

Although the CFPB now agrees that its structure is unconstitutional, it has filed a brief opposing the Petition for a Writ of Certiorari Before Judgment filed by All American Check Cashing with the U.S. Supreme Court.  All...more

Ballard Spahr LLP

Meaningful attorney involvement: the CFPB’s new proposed “safe harbor” standard

Ballard Spahr LLP on

As part of our continuing discussion of the CFPB’s proposed debt collection rules, we focus in this blog post on a provision that occupies very little real estate in the proposal, but could have tremendous significance: a new...more

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