The U.S. Supreme Court entered an order yesterday in Seila Law inviting Paul D. Clement “to brief and argue this case, as amicus curiae, in support of the judgment below on the question presented by the petition.” The...more
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
Although the Seila Law docket indicated that the briefs on Seila Law’s petition for certiorari were distributed for the U.S. Supreme Court’s October 11 conference, no order on the petition was among the orders issued by the...more
All American Check Cashing and the CFPB have submitted letter briefs to the Fifth Circuit regarding what action the court should take in light of the en banc Fifth Circuit’s decision in Collins v. Mnuchin that held the FHFA’s...more
10/14/2019
/ All American Check Cashing ,
Check Cashing ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
En Banc Review ,
FHFA ,
Financial Services Industry ,
Interlocutory Appeals ,
Petition for Writ of Certiorari ,
Removal For-Cause ,
SCOTUS ,
Single Director
House amicus brief. The House of Representatives has filed a motion seeking leave to file an amicus brief in support of the Ninth Circuit’s decision in Seila Law. While acknowledging that the deadline for filing amicus...more
Rather than wait for a decision from the Fifth Circuit in its interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality, All American Check Cashing has filed a Petition for a Writ of...more
The long-running saga that is the litigation over whether the CFPB’s single-director-removable-only-for-cause structure is constitutional took a new twist on Tuesday with the CFPB’s announcement that it has determined that...more
9/19/2019
/ Administrative Proceedings ,
Civil Investigation Demand ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Director Kraninger ,
Dodd-Frank ,
Petition for Writ of Certiorari ,
Removal For-Cause ,
SCOTUS ,
Single Director
The issue of the CFPB’s constitutionality is currently before the Fifth Circuit in the interlocutory appeal of All American Check Cashing from the district court’s ruling upholding the CFPB’s constitutionality. Oral argument...more
The en banc Fifth Circuit has ruled in Collins v. Mnuchin that the FHFA is unconstitutionally structured because it is excessively insulated from Executive Branch oversight and that the appropriate remedy for the...more
9/10/2019
/ Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
En Banc Review ,
FHFA ,
Financial Services Industry ,
HERA ,
Interlocutory Appeals ,
Oral Argument ,
PHH Corp. v CFPB ,
Removal For-Cause ,
Single Director
The CFPB and the New York Attorney General have filed their response and reply briefs in the Second Circuit, where the CFPB and NYAG filed appeals from the district court’s decision and RD Legal Funding filed a cross-appeal. ...more
8/20/2019
/ Appeals ,
Constitutional Challenges ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Financial Services Industry ,
RD Legal Funding ,
Removal For-Cause ,
Single Director ,
State Attorneys General ,
Title X ,
UDAAP ,
Unfair or Deceptive Trade Practices
The U. S. Supreme Court has given the Solicitor General another extension of the date by which the government must file its response to Seila Law’s petition for a writ of certiorari. The petition seeks review of the Ninth...more
Seven amicus briefs have been filed in support of Seila Law’s petition for a writ of certiorari that seeks review of the Ninth Circuit’s ruling that the CFPB’s single-director-removable-only-for-cause structure is...more
The Solicitor General has filed a motion with the U.S. Supreme Court asking for an extension of the date by which the government must file its response to Seila Law’s petition for a writ of certiorari. The petition seeks...more
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
Seila Law has filed a petition for a writ of certiorari with the U.S. Supreme Court seeking review of the Ninth Circuit’s ruling that the CFPB’s single-director-removable-only-for-cause structure is constitutional. The...more
A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Duguid v. Facebook, Inc., has reaffirmed the broad reading of the Telephone Consumer Protection Act’s (TCPA) definition of an automatic...more
6/19/2019
/ ATDS ,
Constitutional Challenges ,
Debt Collection ,
Facebook ,
Financial Services Industry ,
First Amendment ,
Free Speech ,
Putative Class Actions ,
Social Media ,
TCPA ,
Text Messages
Appellant Seila Law has filed a motion for a stay of the Ninth Circuit’s mandate in its decision ruling that the CFPB’s single-director-removable-only-for-cause structure is constitutional pending the filing by Seila Law of a...more
6/11/2019
/ Administrative Proceedings ,
Civil Investigation Demand ,
Constitutional Challenges ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Motion To Stay ,
Petition for Writ of Certiorari ,
PHH Corp. v CFPB ,
Removal For-Cause ,
SCOTUS ,
Separation of Powers ,
Single Director ,
Statutory Interpretation
A unanimous Ninth Circuit panel has ruled in CFPB v. Seila Law LLC that the CFPB’s single-director-removable-only-for-cause structure is constitutional....more
The CFPB and New York Attorney General have filed their opening briefs in their appeals to the Second Circuit in RD Legal Funding. ...more
3/19/2019
/ Appeals ,
Constitutional Challenges ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Financial Services Industry ,
RD Legal Funding ,
Removal For-Cause ,
Single Director ,
State Attorneys General ,
Title X ,
UDAAP ,
Unfair or Deceptive Trade Practices
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
The Fifth Circuit has calendared oral argument in the All American Check Cashing case for March 12, 2019. The case is one of the three cases currently pending in the circuit courts that involve a challenge to the CFPB’s...more
The pendency of three cases in circuit courts challenging the CFPB’s constitutionality has given rise to speculation as to whether the CFPB will continue to defend its constitutionality under Director Kraninger’s leadership....more
Despite agreeing on the merits with State National Bank of Big Spring (SNB) and the other petitioners for certiorari that the CFPB’s structure is unconstitutional, the Department of Justice has filed a brief in which it...more
The New York Attorney General, on October 12, 2018, filed an appeal with the Second Circuit from Judge Preska’s dismissal on September 12 of all of the NYAG’s federal and state law claims, and her subsequent September 18...more
10/16/2018
/ Appeals ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Financial Services Industry ,
RD Legal Funding ,
Removal For-Cause ,
Single Director ,
State Attorneys General ,
UDAAP ,
Unfair or Deceptive Trade Practices
All American Check Cashing has filed its reply brief in its interlocutory appeal to the U.S. Court of Appeals for the Fifth Circuit from the district court’s ruling upholding the CFPB’s constitutionality....more
10/4/2018
/ All American Check Cashing ,
Appeals ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
FHFA ,
Financial Services Industry ,
Interlocutory Appeals ,
Payday Loans ,
Removal For-Cause ,
Single Director ,
UDAAP ,
Unfair or Deceptive Trade Practices