Alan Kaplinsky on Article III

‘Very, Very Fuzzy’: Opinion Overruling Chevron Creates Uncertainty for Regulated Industries

Our recent webinar featured a conversation with noted legal scholars Craig Green, Charles Klein Professor of Law and Government at Temple University Beasley School of Law, and Kent Barnett, recently appointed Dean of the...more

9/9/2024 / Administrative Procedure Act , Article III , Chevron Deference , Chevron v NRDC , Consumer Financial Protection Bureau (CFPB) , Financial Services Industry , Loper Bright Enterprises v Raimondo , Regulatory Authority , SCOTUS , Statutory Interpretation

CFPB files its reply brief in support of the CFPB’s motion to dismiss Plaintiff Fort Worth Chamber and transfer the case to D.D.C.

On August 19, 2024, the CFPB filed its reply brief in support of the CFPB’s motion to dismiss Plaintiff Fort Worth Chamber of Commerce (Fort Worth Chamber) for lack of standing and, if granted, transfer the case to the...more

8/21/2024 / Article III , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Motion to Dismiss , Regulatory Agenda , Standing , Venue

Plaintiffs declare that Fort Worth Chamber is the CFPB’s “natural adversary” in their opposition brief to the CFPB’s motion to...

On August 12, 2024, the plaintiffs filed their brief in opposition to the CFPB’s motion to dismiss Plaintiff Fort Worth Chamber of Commerce (Fort Worth Chamber) for lack of standing and if granted, transfer the case to the...more

8/14/2024 / Article III , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Dismiss , Motion to Dissolve , Motion to Transfer , Preliminary Injunctions , Proposed Rules , Regulatory Agenda , Standing

CFPB files motion to dismiss Fort Worth Chamber of Commerce for lack of standing and if granted, renews its motion to transfer the...

On July 29, 2024, the CFPB filed a motion to dismiss the Fort Worth Chamber of Commerce as a Plaintiff for lack of standing and if granted, transfer the case to a the Federal District Court for D.C. In its brief, the CFPB...more

7/31/2024 / Article III , Consumer Financial Products , Consumer Financial Protection Bureau (CFPB) , Consumer Lenders , Credit Cards , Debt Collection , Final Rules , Financial Institutions , Financial Regulatory Reform , Financial Services Industry , Late Fees , Motion to Dismiss , Motion to Transfer , Preliminary Injunctions , Proposed Rules , Regulatory Agenda , Standing

SCOTUS holds oral argument in two cases challenging Chevron deference

On January 17, 2024, the U.S. Supreme Court heard oral argument in the two cases in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. ...more

1/23/2024 / Administrative Procedure Act , Article III , Chevron Deference , Chevron v NRDC , Financial Services Industry , Loper Bright Enterprises v Raimondo , Magnuson-Stevens Act (MSA) , National Marine Fisheries Service , Oral Argument , Regulatory Requirements , Relentless Inc v US Department of Commerce , SCOTUS , Standing , Statutory Interpretation , Vessels

SCOTUS to hear oral argument on January 17 in cases challenging Chevron deference

The U.S. Supreme Court has scheduled oral argument for January 17, 2024 in the two cases in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def....more

11/29/2023 / Administrative Procedure Act , Article III , Certiorari , Chevron Deference , Chevron v NRDC , Fifth Amendment , Financial Services Industry , Loper Bright Enterprises v Raimondo , Magnuson-Stevens Act (MSA) , National Marine Fisheries Service , Oral Argument , Regulatory Requirements , Relentless Inc v US Department of Commerce , SCOTUS , Vessels

U.S. Supreme Court to decide CFPB’s constitutionality

This past Friday, the U.S. Supreme Court announced that it has agreed to decide whether the CFPB’s single-director-removable-only-for-cause structure is constitutional. The Court granted Seila Law’s petition for a writ of...more

10/21/2019 / Administrative Proceedings , Amicus Briefs , Article III , Certiorari , Civil Investigation Demand , Constitutional Challenges , Consumer Financial Protection Bureau (CFPB) , Dodd-Frank , Jurisdiction , Removal For-Cause , SCOTUS , Separation of Powers , Single Director , Standing

11th Circuit Splits From Ninth Circuit on Text Message-Based TCPA Claims

In Salcedo v. Hanna, the U.S. Court of Appeals for the 11th Circuit held that a TCPA plaintiff lacked standing to pursue a claim based on the alleged receipt of a single, unsolicited text message....more

9/9/2019 / Article III , Chattel , Conversion , Injury-in-Fact , Invasion of Privacy , Nuisance , Spokeo v Robins , Standing , TCPA , Telecommunications , Telemarketing , Text Messages

Court dismisses lawsuit filed by state regulators to block OCC fintech charter

The D.C. federal district court has granted the OCC’s motion to dismiss the lawsuit filed by the Conference of State Bank Supervisors (CSBS) to block the OCC from issuing special purpose national bank (SPNB) charters to...more

9/6/2019 / Article III , CSBS , Discovery , Financial Services Industry , FinTech , Fintech Charter , Injury-in-Fact , Motion for Leave , Motion to Dismiss , OCC , Popular , Ripeness , Special Purpose National Bank Charter , Standing

Third Circuit: FDCPA Class Plaintiff who Received QR-Coded Envelope from Debt Collector had Standing Under Spokeo

In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that a plaintiff in a class action complaint had Article III standing and was properly awarded summary judgment when a debt collector sent...more

8/20/2019 / Article III , Class Action , Debt Collection , Debt Collectors , FDCPA , Financial Services Industry , QR Codes , Standing , Statutory Violations

Eighth Circuit Rules Against Telemarketing Company on TCPA Claim, Yet Declares $1.6 Billion in Statutory Damages Unconstitutional

The U.S. Court of Appeals for the Eighth Circuit found that unwanted, prerecorded phone messages to consumers, even without any other alleged harm, met the injury-in-fact requirement for Article III standing to bring a...more

7/24/2019 / Article III , Due Process , Financial Services Industry , Injury-in-Fact , Prior Express Consent , Putative Class Actions , Reduction of Damages , Standing , Statutory Damages , TCPA , Telemarketing

FHFA reverses position (again) on its constitutionality

In an interesting twist, the FHFA has informed the Fifth Circuit in Collins v. Mnuchin, that despite having previously advised the en banc court that it would not defend the FHFA’s constitutionality, it has reconsidered its...more

7/11/2019 / Article III , Constitutional Challenges , Consumer Financial Protection Bureau (CFPB) , Dodd-Frank , En Banc Review , FHFA , GSE , HERA , Removal For-Cause , Single Director , Standing , Stock Purchase Agreement

Fourth Circuit Upholds $61 Million Judgment Against Dish Network for Third-Party TCPA Violations

The recent decision of the U.S. Court of Appeals for the Fourth Circuit affirming the district court's judgment imposing more than $61 million in damages against Dish Network for its vendor's violations of the Telephone...more

6/11/2019 / Appeals , Article III , Class Action , Class Certification , Corporate Counsel , Damages , Dish Network , Do Not Call List , Standing , TCPA , Telemarketing , Third-Party Service Provider , Treble Damages , Willful Violations

11th Circuit Deepens Circuit Split on Standing: Holds FACTA Violation Creates Concrete Injury Based on Inherent Risk of Real Harm

Last month, the U.S. Court of Appeals for the 11th Circuit issued an opinion in Muransky v. Godiva Chocolatier, Inc., which, sua sponte, vacated and reissued its earlier ruling in the same case: that consumers have standing...more

5/17/2019 / Appeals , Article III , Debit and Credit Card Transactions , FACTA , Putative Class Actions , Standing , Sua Sponte , Vacated

Third Circuit: FACTA Class Plaintiff Lacked Concrete Injury Required for Standing Under Spokeo

In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that because the named plaintiff in a class action complaint failed to allege a concrete injury...more

4/2/2019 / Appeals , Article III , Class Action , Corporate Counsel , Debit and Credit Card Transactions , FACTA , Identity Theft , Injury-in-Fact , J Crew , Retailers , Spokeo v Robins , Standing , Statutory Violations

NYDFS files opposition to OCC motion to dismiss lawsuit challenging fintech charter

The New York Department of Financial Services has filed a memorandum of law opposing the OCC’s motion to dismiss the NYDFS’s second lawsuit seeking to block the OCC’s issuance of special purpose national bank (SPNB) charters...more

3/22/2019 / Article III , CSBS , Financial Services Industry , Fintech Charter , Injury-in-Fact , Motion for Leave , Motion to Dismiss , NYDFS , OCC , Popular , Ripeness , Special Purpose National Bank Charter , Standing , Subject Matter Jurisdiction

Fifth Circuit hears oral argument in All American Check Cashing

On March 12, the U.S. Court of Appeals for the Fifth Circuit heard oral argument in All American Check Cashing’s interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality....more

3/18/2019 / Administrative Proceedings , All American Check Cashing , Article III , Constitutional Challenges , Consumer Financial Protection Act (CFPA) , Consumer Financial Protection Bureau (CFPB) , Financial Services Industry , Interlocutory Appeals , Oral Argument , Removal For-Cause , Single Director , Standing , Statutory Interpretation

CSBS and OCC battle over discovery in lawsuit challenging fintech charter

Earlier last month, the Conference of State Bank Supervisors (CSBS) filed a brief opposing the OCC’s motion to dismiss the second lawsuit filed by CSBS to stop the OCC from issuing special purpose national bank (SPNB)...more

3/1/2019 / Article III , CSBS , Discovery , Fintech Charter , Motion to Dismiss , OCC , Special Purpose National Bank Charter , Standing

OCC moves to dismiss NY DFS lawsuit challenging fintech charter; more filings in CSBS lawsuit challenging fintech charter

As expected, the OCC filed a motion to dismiss the second lawsuit filed by the New York Department of Financial Services (DFS) in a New York federal district court to block the OCC’s issuance of special purpose national bank...more

3/1/2019 / Article III , CSBS , Failure To State A Claim , Fintech Charter , NYDFS , OCC , Popular , Ripeness , Special Purpose National Bank Charter , Standing

6/30/2017 / Article III , Banking Sector , Consumer Financial Protection Act (CFPA) , Consumer Financial Protection Bureau (CFPB) , Disgorgement , Fees , Financial Services Industry , Loan Modifications , Mortgage Assistance Relief Services (MARS) , Petition for Writ of Certiorari , PHH Corp. v CFPB , Recess Appointments , Regulation O , Richard Cordray , SCOTUS , Standing

Alan Kaplinsky

Ballard Spahr LLP

Readers' Choice Awards

Popular Topics by This Author

Latest Posts › Article III