News & Analysis as of

Motion to Dismiss Enforcement Actions Consumer Financial Protection Bureau (CFPB)

Orrick, Herrington & Sutcliffe LLP

District court rules against dismissing CFPB case in favor of “public interest”

On June 12, the U.S. District Court for the Northern District of Illinois denied a joint motion by the CFPB and the defendants to vacate a stipulated final judgment and order, finding that the parties failed to demonstrate...more

Orrick, Herrington & Sutcliffe LLP

CFPB allowed to drop suit against multinational retailer

On May 13, the U.S. District Court for the District of Minnesota issued a notice of dismissal with prejudice wherein the CFPB, as plaintiff, initiated a legal action against two defendants: a multinational retailer from...more

Orrick, Herrington & Sutcliffe LLP

District court dismisses case on CFPB’s supervision of tech company

On May 7, the U.S. District Court for the District of Columbia dismissed without prejudice a legal challenge to a supervisory order issued by the CFPB against a large tech company (the plaintiff). The parties entered a joint...more

Orrick, Herrington & Sutcliffe LLP

District court grants partial CFPB win in credit reporting case

On May 5, the U.S. District Court for the Central District of California granted in part and denied in part a motion to dismiss filed by the defendant, a consumer reporting agency, in a case brought by the CFPB in January...more

Orrick, Herrington & Sutcliffe LLP

Bank responds to CFPB’s amended complaint and alleges improper delay tactics

On March 17, a bank again asked the U.S. District Court for the Northern District of Texas to dismiss the CFPB’s suit against the bank. As previously covered by InfoBytes, the Bureau filed an amended complaint after the...more

McGlinchey Stafford

District Court Holds Debt Verification In Response to Consumer’s Letter Refusing to Pay, But Disputing the Debt, Is Not a FDCPA...

McGlinchey Stafford on

A United States District Judge for the U.S. District Court for the District of Maryland rejected a plaintiff’s arguments that a debt collector’s verification of a debt in response to a letter refusing to pay, but disputing...more

Ballard Spahr LLP

CFPB to file amended complaint against Solo Funding, Inc. which will moot motion to dismiss based in part on CFPB’s unlawful...

Ballard Spahr LLP on

We recently reported that on August 15, 2024 Solo Funding, Inc. (“Solo”) filed a motion to dismiss in its entirety an enforcement complaint brought by the CFPB against Solo (a company that facilitates peer-to-peer small...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

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

Walden University Agrees to Proposed Settlement to Resolve Reverse Redlining Claims

Ballard Spahr LLP on

On March 28, 2024, four former Walden University students (“Plaintiffs”) filed a proposed settlement both individually and on behalf of a putative class of current and former Walden University (“Walden”) students with the...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

Hinshaw & Culbertson LLP

Is CFPB's Constitutionality Headed for the U.S. Supreme Court?

At the close of a 108 page decision filed in response to motions to dismiss a CFPB enforcement action, Consumer Financial Protection Bureau v. RD Legal Funding, LLC, C.A. No. 17-cv-890, Judge Loretta Preska of the U.S....more

Goodwin

District Court Rejects Servicer’s Argument that CFPB is Unconstitutional

Goodwin on

On August 4, 2017, the United States District Court for the Middle District of Pennsylvania denied a student loan servicer’s motion to dismiss claims brought against it by the Consumer Financial Protection Bureau (CFPB),...more

Eversheds Sutherland (US) LLP

CFPB Loses a Major Battle (But Not Quite the War) Against Third Party Payment Processors

A recent US District Court decision dismissing a claim brought by the Consumer Financial Protection Bureau (CFPB) against a third-party processor and two of its executives deals a setback to the agency’s ability to pursue...more

Ballard Spahr LLP

Hanna Law Firm Moves to Dismiss CFPB Complaint

Ballard Spahr LLP on

Today, the law firm of Fredrick J. Hanna & Associates filed a motion to dismiss the enforcement action brought by the CFPB against it in the U.S. District Court for the Northern District of Georgia....more

Ballard Spahr LLP

CFPB moves to dismiss Morgan Drexen’s D.C. lawsuit; Morgan Drexen moves to enjoin CFPB’s CA action

Ballard Spahr LLP on

In response to the motion for summary judgment filed by Morgan Drexen in its Washington, D.C. lawsuit against the CFPB, the CFPB has filed a motion to dismiss. After it was sued by Morgan Drexen, the CFPB filed an enforcement...more

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