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Stays Consumer Financial Protection Bureau (CFPB)

Orrick, Herrington & Sutcliffe LLP

Appellate court overturns lower court’s decision to bar CFPB layoffs and other changes

On August 15, the U.S. Court of Appeals for the District of Columbia Circuit vacated a district court’s preliminary injunction that prevented the CFPB from taking actions regarding its employment, contracts and facilities...more

Orrick, Herrington & Sutcliffe LLP

CFPB signals it will revisit its open banking rule following court stay

On July 29, the U.S. District Court for the Eastern District of Kentucky granted the CFPB’s motion to stay proceedings in a case challenging the Bureau’s Section 1033 rule after the Bureau signaled its plans to “engage in an...more

McGlinchey Stafford

CFPB to Reopen 1033 Open Banking Rulemaking

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The Consumer Financial Protection Bureau’s (CFPB) open banking rules, issued under Section 1033 of the Dodd-Frank Act, have been the subject of ongoing litigation since their finalization late last year. The litigation is...more

Troutman Pepper Locke

CFPB Section 1033 Open Banking Rule Stayed as CFPB Initiates New Rulemaking

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In a significant turn of events, the Consumer Financial Protection Bureau (CFPB or Bureau) has decided to initiate a new rulemaking process concerning its final rule on personal financial data rights under Section 1033 of the...more

Ballard Spahr LLP

Supreme Court allows Education Department to fire employees; Is CFPB Staff Next?

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In another case that may not augur well for the CFPB staff, the Supreme Court is allowing the Trump Administration to continue dismantling the Education Department, lifting a court order that had required the rehiring of as...more

Orrick, Herrington & Sutcliffe LLP

CFPB requests extension of district court’s stay of Section 1071 rule in joint status report

On July 7, the CFPB submitted a joint status report to the U.S. District Court for the Southern District of Florida requesting the court maintain its stay pending the Bureau’s Section 1071 rulemaking. The CFPB stated that the...more

Ballard Spahr LLP

CFPB won’t make small business reporting rule a priority

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The CFPB has announced it will not make enforcement of its rule requiring financial institutions to report their lending to women-owned, LGBTQI+-owned and minority-owned small businesses a priority....more

Orrick, Herrington & Sutcliffe LLP

District court stays CFPB’s 1071 final rule and tolls compliance

On May 6, the U.S. District Court for the Southern District of Florida granted a plaintiff’s unopposed motion to stay the CFPB’s Section 1071 final rule and toll the rule’s compliance deadlines. As previously covered by...more

Sheppard Mullin Richter & Hampton LLP

CFPB Halts Enforcement of Small Business Lending Rule for Institutions Outside Fifth Circuit

On April 30, the CFPB announced it will deprioritize enforcement and supervision of its small business lending data collection rule for institutions not covered by the stay issued by the U.S. Court of Appeals for the Fifth...more

Troutman Pepper Locke

Judge Halts CFPB Layoffs Again

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At an emergency hearing this morning in National Treasury Employees Union v. Vought, Judge Amy Berman Jackson once again halted the layoffs of over 1,000 employees at the Consumer Financial Protection Bureau (CFPB). The judge...more

Troutman Pepper Locke

D.C. Circuit Court Partially Stays Injunction in NTEU v. CFPB

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On April 11, the U.S. Court of Appeals for the District of Columbia Circuit issued an order partially staying the district court’s preliminary injunction in the ongoing legal dispute between the National Treasury Employees...more

Holland & Knight LLP

D.C. Circuit Limits Prohibition on CFPB Staff Terminations Pending Appeal

Holland & Knight LLP on

In a per curiam order, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit on April 11, 2025, partially stayed a preliminary injunction halting any attempt to dismantle the CFPB. Judges...more

Orrick, Herrington & Sutcliffe LLP

District court agrees to stay and extend CFPB military lending case

On April 1, the U.S. District Court for the Northern District of Texas granted a joint motion filed by the CFPB and the defendants, a consumer lender and its subsidiaries, in a case alleging the defendants violated the...more

Ballard Spahr LLP

Appeals Court blocks judge’s order temporarily prohibiting large-scale changes at CFPB

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The Circuit Court of Appeals for the District of Columbia has issued an administrative stay for to a judge’s order blocking wholesale changes at the CFPB....more

Holland & Knight LLP

CFPB Preliminary Injunction on Pause: D.C. Circuit Weighs In

Holland & Knight LLP on

As previously reported by Holland & Knight, Judge Amy Jackson of the U.S. District Court for the District of Columbia on March 28, 2025, issued a preliminary injunction and ordered the Consumer Financial Protection Bureau...more

Orrick, Herrington & Sutcliffe LLP

D.C. Circuit to decide whether to stay district court Judge Jackson’s injunction in CFPB union case

As previously covered by this Orrick Insight, the U.S. District Court for the District of Columbia on March 28 enjoined the CFPB from “eliminat[ing] the agency before the Court has the opportunity to decide whether the law...more

Ballard Spahr LLP

CFPB to Reopen Rulemaking on the Section 1071 Small Business Loan Data Collection and Reporting Rule

Ballard Spahr LLP on

As we have reported previously, including here, here, and here, the CFPB’s section 1071 small business loan data collection and reporting rule is facing court challenges.  The U.S. Court of Appeals for the Fifth Circuit has...more

Orrick, Herrington & Sutcliffe LLP

U.S. District Court Blocks CFPB Shutdown; Trump Administration Seeks Immediate Stay

On Friday, March 28, U.S. District Judge Amy Berman Jackson took the “extraordinary step” of broadly enjoining the newly installed leadership of the CFPB from “eliminat[ing] the agency before the Court has the opportunity to...more

Goodwin

CFPB is Proceeding with Some of Its Enforcement Actions, But Most Are Now Stayed or Dismissed

Goodwin on

Although the Consumer Financial Protection Bureau (CFPB or Bureau) voluntarily dismissed a slew of its own enforcement actions following Rohit Chopra’s removal as CFPB Director on January 31, 2025, the Bureau has...more

Orrick, Herrington & Sutcliffe LLP

Fintech trade association moves to intervene against CFPB in open banking litigation

On March 26, the U.S. District Court for the Eastern District of Kentucky received a renewed motion from a fintech trade association to intervene in a case against the CFPB’s Personal Financial Data Rights rule. The trade...more

Orrick, Herrington & Sutcliffe LLP

District court denies CFPB’s motion to stay dispute against CRA

On March 18, the U.S. District Court for the Central District of California denied the CFPB’s motion to stay proceedings in a case against a consumer reporting agency. As previously covered in InfoBytes, the CFPB filed a...more

Venable LLP

Fifth Circuit Places Partial Stay on CFPB Small Business Lending Rule Amid Leadership Change

Venable LLP on

The Fifth Circuit Court of Appeals heard arguments in early February challenging the validity of the Consumer Financial Protection Bureau's (CFPB Small Business Lending Rule. The rule is being challenged by various industry...more

Stinson LLP

An Uncertain Future for CFPB's Section 1071 Rule Regarding Small Business Lending Data

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In a pivotal development, the U.S Court of Appeals for the Fifth Circuit has stayed enforcement of the Consumer Financial Protection Bureau’s (CFPB) Small Business Lending Rule — also known as Section 1071 of the Dodd-Frank...more

Ballard Spahr LLP

Appeals Court stays small business reporting rule for many financial institutions

Ballard Spahr LLP on

The Fifth Circuit Court of Appeals has issued a stay that blocks for many financial institutions the implementation of a CFPB rule that requires the institutions to report information contained in loan applications submitted...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

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