Barbara Fernandez

Barbara Fernandez

Hinshaw & Culbertson LLP

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United States Seeks 'At Will' Removal of CFPB Director

Trump's Preferred Method of Scaling Back Consumer Financial Regulation is Appointment of New CFPB Director - As expected, the United States on Friday filed an amicus brief in PHH Corp. et al. v. Consumer Financial...more

3/22/2017 - CFPB Constitutional Challenges PHH Corp. v CFPB Removal At-Will Removal For-Cause Separation of Powers Single Director

Consumer Financial Services Newsletter - March 2017

A Flawed Class Definition – Court Grants Defendant's Motion to Strike Consumer's Proposed Class - Cholly v. The Uptain Group., et al, 1:15-cv-05030 - In Cholly v. The Uptain Group Inc., et al, the defendant debt...more

3/20/2017 - Article III ATDS Consumer Financial Products Debt Collectors Debtors FDCPA Mootness Motion To Strike Spokeo v Robins Standing TCPA

Three Things You Missed Since CFPB Received En Banc Hearing in PHH Case

All eyes are on the future of the CFPB as it fights for its existence in the D.C. Circuit Court of Appeals through the matter, PHH Corp. et al. v. Consumer Financial Protection Bureau. On February 16, the D.C. Circuit agreed...more

3/16/2017 - Administrative Proceedings CFPB Constitutional Challenges Dodd-Frank PHH Corp. v CFPB Removal For-Cause RESPA Separation of Powers Single Director Statutory Interpretation

Consumer Financial Services Newsletter - November 2016

D.C. Circuit Delivers First Blow to CFPB, Trump Win Delivers Second - The future of the Consumer Financial Protection Bureau (CFPB) is up for grabs following a landmark Court of Appeals Decision, PHH Corporation v....more

11/22/2016 - Administrative Proceedings Article II Banking Sector CFPB Constitutional Challenges Consumer Financial Products Debt Collectors Dodd-Frank FCRA FDCPA Foreclosure HUD Kickbacks Mortgages PHH Corp. v CFPB Referral Fees Reinsurance Removal For-Cause RESPA Single Director Spokeo v Robins Statute of Limitations Statutory Interpretation

Consumer Financial Services Newsletter - October 2016

Courts Are Giving "Standing" Teeth After Spokeo - Since the U.S. Supreme Court ruling in Spokeo, Inc., v. Robins, courts have further clarified and interpreted the Spokeo decision. Spokeo held that (i) in order to...more

10/31/2016 - Article III Debt Collectors FDCPA Foreclosure Injury-in-Fact Spokeo Spokeo v Robins Standing TCPA

Consumer Financial Services Newsletter - August 2016

Seventh Circuit Rules: Filing a Proof of Claim for Old Debt Is Okay — Circuits Split - Owens et al. v. LVNV Funding LLC et al., Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug.10, 2016) - In Owens v. LVNV Funding LLC,...more

8/30/2016 - Appeals CFPB Damages Debt Collectors Debtors Evidence FDCPA Foreclosure Mortgage Lenders Pre-Judgment Interest Proof of Claims Reversal Split of Authority Spokeo Spokeo v Robins Standing Tax Sale TCPA

Supreme Court Provides a Narrow Win for Defendant—With Chance for More—On "Actual Injury" Issue

Spokeo Inc. v. Thomas Robins et al., No. 13-1339 (2016) - On May 16, 2016, the U.S. Supreme Court, by a vote of 6-2, set aside a lower court decision on whether what might be a technical statutory violation gives a...more

5/17/2016 - Article III Background Checks Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing

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