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Constitutional Challenges Petition for Writ of Certiorari Consumer Financial Protection Bureau (CFPB)

Troutman Pepper Locke

CFSA Attempts to Renew Small Dollar Lending Rule Litigation in Supreme Court Petition

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On March 7, the Community Financial Services Association of America (CFSA) and the Consumer Service Alliance of Texas filed a petition for a writ of certiorari with the U.S. Supreme Court seeking to overturn a decision by the...more

Orrick, Herrington & Sutcliffe LLP

Group of passive securitization trusts filed petition for certiorari with U.S. Supreme Court on CFPB enforcement remedies

On August 16, a group of passive securitization trusts formed between 2001 and 2007 (the petitioners or trusts) petitioned the U.S. Supreme Court for a writ of certiorari to hear its case against the CFPB on the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rejects Challenge to OPT Program for Foreign Students

The Supreme Court of the United States has declined to hear a challenge to a visa program that allows foreign students who graduate from U.S. colleges and universities to work in the United States for up to three years. The...more

Ballard Spahr LLP

Certiorari petition filed in Second Circuit case rejecting constitutional challenge to CFPB’s funding

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In CFPB v. Law Offices of Crystal Moroney, a three-judge panel of the U.S. Court of Appeals for the Second Circuit unanimously ruled in March 2023 that the CFPB’s funding structure does not violate the Appropriations Clause...more

Orrick, Herrington & Sutcliffe LLP

Online lender asks Supreme Court to review ALJ ruling

A Delaware-based online payday lender and its founder and CEO (collectively, “petitioners”) recently submitted a petition for a writ of certiorari challenging the U.S. Court of Appeals for the Tenth Circuit’s affirmation of a...more

Bradley Arant Boult Cummings LLP

Supreme Court to Decide CFPB’s Validity

Less than three years after the U.S. Supreme Court reviewed the CFPB’s appointment structure, the bureau again finds itself before the Court in what could prove the most consequential case for the financial services industry...more

Orrick, Herrington & Sutcliffe LLP

CFPB urges Supreme Court review of 5th Circuit decision

The CFPB recently filed a reply brief in its petition for a writ of certiorari asking the U.S. Supreme Court to review whether the U.S. Court of Appeals for the Fifth Circuit erred in holding that the Bureau’s funding...more

Orrick, Herrington & Sutcliffe LLP

Respondents urge Supreme Court to wait on CFPB funding review

On January 13, respondents filed a brief in opposition to a petition for a writ of certiorari filed by the CFPB last November, which asked the U.S. Supreme Court to review whether the U.S. Court of Appeals for the Fifth...more

Alston & Bird

38 Attorneys General Ask SCOTUS to Determine the CFPB’s Fate

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A&B Abstract: In November, the Consumer Financial Protection Bureau (“CFPB”) filed a petition for a writ of certiorari in connection with the Fifth Circuit’s recent decision in Community Financial, which held that the CFPB’s...more

Goodwin

CFPB files certiorari petition with the U.S. Supreme Court seeking review of the Fifth Circuit’s decision in Community Fin....

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On November 15, 2022, less than one month after the Fifth Circuit panel’s decision in Community Fin. Services Assoc. of Am. Ltd., No. 21-50826 (5th Cir. Oct. 19, 2022) and more than two months before its 90-day deadline, the...more

Perkins Coie

CFPB Files Petition for Writ of Certiorari Seeking Expedited Review of Fifth Circuit Decision Finding Funding Structure...

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The Consumer Financial Protection Bureau has survived many constitutional challenges since it was created by the Consumer Financial Protection Act, 12 U.S.C. §§ 5481, et seq. (the “Act”), in 2011. But on October 19, 2022,...more

Goodwin

Ninth Circuit Stays Mandate in Seila Law Pending Resolution of Petition to Supreme Court

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On June 1, 2021, the Ninth Circuit, in CFPB v. Seila Law LLC, No. 17-56324, granted Seila Law LLC’s motion to stay the mandate requiring its compliance with a civil investigative demand, while it petitions the U.S. Supreme...more

Ballard Spahr LLP

No action from SCOTUS on Collins cert petitions

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The orders released today by the U.S. Supreme Court from its January 10 conference did not include any orders regarding the petition for a writ of certiorari filed by the plaintiffs in Collins v. Mnuchin or the petition filed...more

Ballard Spahr LLP

CFPB files opposition to All American Check Cashing’s cert petition; All American replies

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Although the CFPB now agrees that its structure is unconstitutional, it has filed a brief opposing the Petition for a Writ of Certiorari Before Judgment filed by All American Check Cashing with the U.S. Supreme Court.  All...more

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Fifth Circuit clarifies scope of Dec. 4 oral argument in All American Check Cashing

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With the Fifth Circuit having already heard oral argument in March 2019 in All American Check Cashing’s interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality, it is not surprising that...more

Ballard Spahr LLP

Fifth Circuit sets Dec. 4 oral argument date in All American Check Cashing

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All American Check Cashing’s interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality has been calendared for oral argument before a Fifth Circuit panel on December 4, 2019....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...

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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

No order from SCOTUS on Seila Law cert petition

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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

Ballard Spahr LLP

All American Check Cashing and CFPB submit letter briefs to Fifth Circuit

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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

Ballard Spahr LLP

House of Representatives seeks leave from SCOTUS to file amicus brief in Seila Law; Seila Law files reply brief with SCOTUS

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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

Ballard Spahr LLP

Can All American Check Cashing pass the Fifth Circuit and go straight to SCOTUS in its challenge to the CFPB’s constitutionality?

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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

Ballard Spahr LLP

New plot twist: CFPB agrees its structure is unconstitutional

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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

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Solicitor General gets another extension to file response to Seila Law’s cert petition

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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

Ballard Spahr LLP

Amicus briefs filed in support of Seila Law’s certiorari petition

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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

Ballard Spahr LLP

Solicitor General asks SCOTUS for extension to file response to Seila Law’s cert petition

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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

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