News & Analysis as of

Subpoenas Consumer Financial Protection Bureau (CFPB)

Ballard Spahr LLP

New litigation challenges CFPB’s subpoena authority based on Fifth Circuit decision holding CFPB’s funding mechanism is...

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As the industry continues to digest the Fifth Circuit’s opinion in Community Financial Services Association of America, Ltd. v. Consumer Financial Protection Bureau, which held the Bureau’s funding mechanism to be...more

Ballard Spahr LLP

CFPB updates Rules of Practice for Adjudication Proceedings

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The CFPB has issued a procedural rule that updates its Rules of Practice for Adjudication Proceedings (Rules of Practice) and a request for comment. The procedural rule is effective February 22, 2022. However, the Bureau...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: Preparing for Democratic Oversight Investigations

Following eight years of Republican majorities in Congress, Democrats took control of the House of Representatives in January 2019, thereby regaining the ability to control committee and subcommittee agendas, hold hearings...more

Womble Bond Dickinson

Using FCRA’s Expansiveness as a Shield: CFPB Gets Pushback on FCRA Subpoena

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The expansiveness of FCRA has long been used by plaintiffs as a sword against consumer reporting agencies, furnishers of consumer information, and users of consumer information. Here, a company successfully used FCRA as a...more

Dorsey & Whitney LLP

Mulvaney-Led CFPB Actively Litigates in Court Regarding Overdraft Policy-Related Evidence

Dorsey & Whitney LLP on

Many observers have reported on leadership changes at the Consumer Financial Protection Bureau (“CFPB”) and the potential shifts in policy priorities that may follow. However, in the new year, among the most interesting...more

Dorsey & Whitney LLP

Law Firm Attempts to Resist Subpoena by Arguing CFPB is Unconstitutional

Dorsey & Whitney LLP on

In the wake of last year’s (now-vacated and pending review en banc) decision by the D.C. Circuit in PHH Corp. v. Consumer Fin. Prot. Bureau, 839 F.3d 1 (D.C. Cir. 2016), the constitutionality of the Consumer Financial...more

Dorsey & Whitney LLP

Court Enforces CFPB Civil Investigative Demand Against Tribal Lending Entity; Rejects Argument that Tribal Sovereignty Precludes...

Dorsey & Whitney LLP on

On January 20, 2017, in CFPB v. Great Plains Lending, a three-judge panel of the Ninth Circuit Court of Appeals upheld the Consumer Financial Protection Bureau’s civil investigative demands for documents from lending...more

K&L Gates LLP

Are Public Companies Required to Disclose that the Government is Investigating Them?

K&L Gates LLP on

For many public companies, the first issue they have to confront after they receive a government subpoena or Civil Investigative Demand (“CID”) is whether to disclose publicly that they are under investigation. Curiously, the...more

Ballard Spahr LLP

Hensarling establishes new policy for issuing subpoenas and gives CFPB deadline for responding to document requests

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Republican Congressman Jeb Hensarling, who chairs the House Financial Services Committee, has established a new policy for using his authority to issue subpoenas to the CFPB and other agency’s subject to the Committee’s...more

Ballard Spahr LLP

House issues subpoenas in connection with investigation of alleged CFPB employee discrimination

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According to a Politico report, the House Financial Services Committee’s Subcommittee on Oversight and Investigations voted yesterday to issue three subpoenas in connection with the Subcommittee’s investigation into alleged...more

Troutman Pepper

Civil Investigative Demands, Subpoenas and More: How to Prepare for the Government's Renewed Focus on Financial Services

Troutman Pepper on

The U.S. government continues to ramp up investigations and enforcement actions against banks, mortgage companies and other financial services companies, including using tools such as the False Claims Act and its power to...more

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