News & Analysis as of

Truth in Lending Act (TILA) First Amendment

Hudson Cook, LLP

New York Amends Credit Card Surcharge Statute

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As the Kansas City Chiefs were winning the big game, New York made a big change to its law governing credit card surcharges. While definitions of the term may vary, a "surcharge" is generally understood to mean a higher...more

Ballard Spahr LLP

California federal district court grants summary judgment for DFPI in lawsuit challenging state’s regulations requiring...

Ballard Spahr LLP on

A California federal district court recently granted the motion for summary judgment filed by the California Department of Financial Protection and Innovation (DFPI) in the lawsuit filed by an advocacy organization seeking to...more

Troutman Pepper

California DFPI Wins Big: Federal District Court Holds Commercial Financing Disclosure Regulations Do Not Violate First Amendment...

Troutman Pepper on

On December 4, a federal district court for the Central District of California granted summary judgment in favor of the Commissioner of the California Department of Financial Protection and Innovation (DFPI) finding that...more

Ballard Spahr LLP

California federal district court denies DFPI motion to dismiss lawsuit challenging state’s regulations requiring consumer-like...

Ballard Spahr LLP on

A California federal district court recently denied the motion filed by the California Department of Financial Protection and Innovation (DFPI) seeking to dismiss a lawsuit filed by an advocacy organization seeking to enjoin...more

Troutman Pepper

California Federal Court Denies DFPI’s Motion to Dismiss: Finds Commercial Financing Disclosure Regulations May Violate First...

Troutman Pepper on

In a recent decision, a federal district court for the Central District of California denied a motion to dismiss filed by the Commissioner of the California Department of Financial Protection and Innovation (DFPI) finding...more

ArentFox Schiff

Trump-Era CFPB Retrospective: Debunking the Myths and Looking Ahead to Biden

ArentFox Schiff on

The Trump era of the last four years is regarded in the popular press as one of federal deregulation, and the Consumer Financial Protection Bureau, which will commemorate the eleventh anniversary of its founding later this...more

Goodwin

PayPal Sues CFPB Over Prepaid Rule

Goodwin on

On December 11, 2019, PayPal filed a complaint in the United States District Court for the District of Columbia over the “Prepaid Rule” that went into effect in April 2019.  PayPal, Inc. v. Consumer Financial Protection...more

Ballard Spahr LLP

PayPal files summary judgment motion in lawsuit against CFPB challenging prepaid card rule

Ballard Spahr LLP on

PayPal has filed a motion for summary judgment in its lawsuit against the CFPB seeking to invalidate the Bureau’s prepaid card rule (“Rule”).  The Rule became effective on April 1, 2019....more

Ballard Spahr LLP

PayPal files lawsuit against CFPB challenging prepaid card rule

Ballard Spahr LLP on

PayPal filed a lawsuit against the CFPB last week in the D.C. federal district court seeking to invalidate the Bureau’s prepaid card rule (“Rule”).  The Rule became effective on April 1 of this year....more

Womble Bond Dickinson

PayPal Sues the CFPB Over the Prepaid Account Rule

Womble Bond Dickinson on

On Wednesday, PayPal sued the CFPB in federal district court in the District of Columbia claiming the Bureau's Prepaid Account Rule (“Rule”) is arbitrary and capricious and was issued in violation of the Administrative...more

Manatt, Phelps & Phillips, LLP

Ruling on Surcharge Law, NY Court Adds to Murky Situation

In the latest piece of the surcharge controversy, New York’s highest court interpreted state law to hold that a merchant complies with the statute so long as it posts the total dollars and cents price charged to credit card...more

Foley & Lardner LLP

Ninth Circuit Holds That a Prohibition on Credit Card Surcharges Abridges Merchants’ Freedom of Speech in Violation of First...

Foley & Lardner LLP on

The Ninth Circuit’s recent decision in Italian Colors Rest. v. Becerra (“Italian Colors”), upheld an as-applied constitutional challenge to a California law prohibiting retailers from imposing a surcharge on customers paying...more

Seyfarth Shaw LLP

Freedom To Surcharge—Ninth Circuit Rules Businesses Can Charge Card Fees

Seyfarth Shaw LLP on

Seyfarth Synopsis: Ninth Circuit upholds district court decision granting five businesses injunctive relief, finding that state law banning credit card surcharges is unconstitutional as applied to the five businesses. ...more

Manatt, Phelps & Phillips, LLP

Second Circuit Upholds New York Ban on Credit Card Surcharges

Why it matters - New York’s ban on credit card sales transactions surcharges was upheld by the Second Circuit Court of Appeals, reversing a federal court judge’s 2013 ruling striking down the law and joining the majority...more

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