News & Analysis as of

Consumer Financial Protection Act (CFPA) Dodd-Frank Wall Street Reform and Consumer Protection Act Constitutional Challenges

Ballard Spahr LLP

Lender Fights Back Against CFPB Lawsuit, Arguing Unconstitutional Delegation of Power and Other Constitutional Violations

Ballard Spahr LLP on

On July 30, 2024, Heights Finance Holding Co. f/k/a Southern Management Corporation and a group of its wholly-owned, state-licensed subsidiaries (collectively, “Southern”) filed a motion for judgment on the pleadings (the...more

Ballard Spahr LLP

Another target of CFPB enforcement action argues that lawsuit filed on August 23, 2023 must be dismissed because the CFPB lacked...

Ballard Spahr LLP on

We have recently blogged about two other actions in which this issue has been raised (one being a declaratory judgment action filed against the CFPB on July 23, 2024 in the E.D. Tex. and the other being an enforcement action...more

Ballard Spahr LLP

Kentucky Federal District Court Issues Order Enjoining the CFPB From Enforcing the Small Business Data Collection Rule as to All...

Ballard Spahr LLP on

On September 14th, the Federal District Court for the Eastern District of Kentucky granted the plaintiff’s motion to preliminarily enjoin the CFPB from implementing the Small Business Lending Rule (Rule) promulgated under...more

Troutman Pepper

Supreme Court Denies Oral Argument to Republican State AGs Who Argue That the CFPB Funding Mechanism Is Unconstitutional

Troutman Pepper on

On August 21, the U.S. Supreme Court denied a request by West Virginia Attorney General (AG) Patrick Morrisey and 26 other state AGs to participate in oral arguments in Consumer Financial Protection Bureau (CFPB) et al. v....more

Ballard Spahr LLP

Second Circuit hears oral argument in RD Legal Funding

Ballard Spahr LLP on

Last week, the U.S. Court of Appeals for the Second Circuit heard oral argument in RD Legal Funding. The three judge panel consisted of two members of the Second Circuit, Judge Denny Chin and Senior Judge Barrington Parker,...more

Ballard Spahr LLP

Second Circuit adjourns oral argument in RD Legal

Ballard Spahr LLP on

In CFPB and People of the State of New York v. RD Legal, the CFPB and NYAG appealed to the Second Circuit from the district court’s decision holding the CFPB’s structure is unconstitutional and striking all of Title 10 of...more

Ballard Spahr LLP

Ninth Circuit puts hold on CashCall appeal pending SCOTUS decision in Seila Law; CFPB asks Second Circuit to adjourn oral argument...

Ballard Spahr LLP on

As expected, the U.S. Supreme Court’s grant of Seila Law’s cert petition is impacting other cases in which the CFPB’s constitutionality has also been challenged. ...more

Ballard Spahr LLP

CFPB and NYAG file response and reply briefs in RD Legal

Ballard Spahr LLP on

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

Ballard Spahr LLP

RD Legal Funding files opening brief in Second Circuit

Ballard Spahr LLP on

RD Legal Funding has filed its opening brief in the Second Circuit, where the CFPB and New York Attorney General filed appeals from the district court’s decision and RD Legal Funding filed a cross-appeal.  The CFPB and the...more

Ballard Spahr LLP

Seila Law to seek U.S. Supreme Court review of Ninth Circuit ruling that CFPB’s structure is constitutional

Ballard Spahr LLP on

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

Ballard Spahr LLP

Ninth Circuit Rules CFPB’s Structure Is Constitutional

Ballard Spahr LLP on

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

Ballard Spahr LLP

CFPB and NYAG file opening briefs with Second Circuit in RD Legal Funding case

Ballard Spahr LLP on

The CFPB and New York Attorney General have filed their opening briefs in their appeals to the Second Circuit in RD Legal Funding. ...more

Ballard Spahr LLP

Judge Preska dismisses with prejudice the New York Attorney General’s Dodd-Frank claim in the RD Legal Funding

Ballard Spahr LLP on

We have been following very closely the lawsuit filed by the CFPB and the New York Attorney General against RD Legal Funding.  We earlier reported that on June 21 Judge Preska dismissed the CFPB’s claims based on the...more

Ballard Spahr LLP

CFPB files appeal with Second Circuit in RD Legal Funding case

Ballard Spahr LLP on

As expected, following Judge Preska’s dismissal on September 12 of all of the New York Attorney General’s federal and state law claims, the CFPB filed an appeal with the Second Circuit from Judge Preska’s June 21 ruling in...more

Ballard Spahr LLP

Judge Preska dismisses all of NYAG’s claims in RD Legal Funding

Ballard Spahr LLP on

On September 12, Judge Preska entered an order and judgment dismissing all of the New York Attorney General’s federal and state law claims against RD Legal Funding.  ...more

Ballard Spahr LLP

CFPB files proposed Rule 54(b) judgment in RD Legal case

Ballard Spahr LLP on

The CFPB has filed a proposed Rule 54(b) judgment in the RD Legal Funding case.  The proposed judgment provides that “for the reasons stated in the Court’s June 21, 2018 Order, (ECF No. 80), final judgment is hereby entered...more

Ballard Spahr LLP

NYAG asks Judge Preska to clarify order granting CFPB’s request for entry of Rule 54(b) judgment in RD Legal Funding case

Ballard Spahr LLP on

The New York Attorney General has sent a letter to Judge Preska asking her to clarify her August 23 order granting the CFPB’s request for entry of a Rule 54(b) judgment so that it can appeal her June 21 constitutionality...more

Ballard Spahr LLP

RD Legal Funding asks Judge Preska to stay NYAG’s claims pending CFPB’s appeal from Rule 54(b) judgment

Ballard Spahr LLP on

RD Legal Funding has submitted a letter to Judge Preska indicating that it does not oppose her entry of a Rule 54(b) judgment to allow the CFPB to appeal her June 21 constitutionality ruling to the Second Circuit but renews...more

Ballard Spahr LLP

Judge Preska sets deadlines for filings on jurisdictional issues in RD Legal Funding case

Ballard Spahr LLP on

On July 25, Judge Preska entered an order setting deadlines for RD Legal Funding and the New York Attorney General (NYAG) to submit filings on jurisdictional issues and addressing other procedural matters....more

Baker Donelson

New York Federal Judge Rules CFPB's Structure Unconstitutional

Baker Donelson on

Senior United States District Judge for the Southern District of New York, Loretta A. Preska, issued an opinion on June 21, 2018, that has set the consumer finance world atwitter, sparking discussions of a potential review by...more

Ballard Spahr LLP

RD Legal Funding files answer to complaint in CFPB/NYAG lawsuit

Ballard Spahr LLP on

RD Legal Funding has filed an answer to the complaint in the lawsuit filed against it by the CFPB and New York Attorney General (NYAG)....more

Ballard Spahr LLP

RD Legal Funding and NYAG outline plans for proceeding in SDNY lawsuit

Ballard Spahr LLP on

RD Legal Funding and the New York Attorney General have filed a joint submission with Judge Preska of the Southern District of New York regarding how they propose to proceed in the CFPB’s and NYAG’s lawsuit against RD Legal...more

Ballard Spahr LLP

Senate Banking Committee Probes Mulvaney’s Leadership at the CFPB

Ballard Spahr LLP on

On April 12, 2018, Mick Mulvaney, the Acting Director of the Consumer Financial Protection Bureau (Bureau) testified before the Senate Committee on Banking, Housing, and Urban Affairs regarding the Bureau’s Semi-Annual Report...more

Ballard Spahr LLP

PHH files supplemental response to CFPB’s rehearing petition; opposes state AGs’ motion to intervene

Ballard Spahr LLP on

This past Friday, PHH filed a supplemental response to the CFPB’s petition for en banc rehearing and a response opposing the motion filed by Democratic Attorneys General of 16 states and the District of Columbia to intervene...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide