News & Analysis as of

Discovery Consumer Financial Protection Bureau (CFPB)

Holland & Knight LLP

Analysis and Strategic Implications of Consumer Financial Protection Bureau v. Brown

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The Consumer Financial Protection Bureau (CFPB) brought an action against 18 defendants under the Consumer Financial Protection Act (CFPA) and the Fair Debt Collection Practices Act (FDCPA) for engaging in or substantially...more

Hudson Cook, LLP

CFPB Bites of the Month - June 2023 - A New Definition of Summer Madness

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In this month's article, we share some of our top "bites" for the prior month covered during the June 2023 webinar. Bite 12: CFPB Focusing on Overdraft Issues - On May 18, 2023, the CFPB announced that it had issued a...more

Goodwin

Eleventh Circuit Reprimands CFPB for Discovery Abuses During Rule 30(b)(6) Depositions

Goodwin on

On June 12, 2023, an Eleventh Circuit panel issued an opinion affirming a sanctions order against the Consumer Financial Protection Bureau (CFPB) premised on the CFPB’s “derail[ment]” of multiple depositions in contravention...more

Alston & Bird

Being a Government Agency is not an Exception to the Federal Discovery Rules

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A&B Abstract: When litigating in federal court, government agencies are not exempt from the rules of discovery.  The Eleventh Circuit reminded the Consumer Financial Protection Bureau (“CFPB”) of this in its recent decision...more

Burr & Forman

Evasive Deposition Tactics by the CFPB Supported Dismissal as a Sanction, Affirmed by Eleventh Circuit

Burr & Forman on

On Monday, the Eleventh Circuit affirmed sanctions levied by the United States District Court for the Northern District of Georgia against the Consumer Financial Protection Bureau due to its conduct during discovery. The CFPB...more

Ballard Spahr LLP

Eleventh Circuit rules district court did not abuse its discretion by dismissing defendants in CFPB enforcement action as...

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A unanimous panel of the U.S. Court of Appeals for the Eleventh Circuit has affirmed the district court’s order dismissing several defendants as sanctions for the CFPB’s continuation of “obstructionist conduct” in...more

Troutman Pepper

Federal Magistrate Judge Orders CFPB to Produce Employees for Depositions in Citizens Bank Lawsuit

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A federal magistrate judge in Rhode Island has ruled that the Consumer Financial Protection Bureau (CFPB or Bureau) must produce three employees for depositions, denying the agency’s motion for a protective order....more

Ballard Spahr LLP

DOJ files amicus brief with SCOTUS in FDCPA statute of limitations case

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The DOJ has filed an amicus brief in support of the defendant debt collector in Rotkiske v. Klemm, the case before the U.S. Supreme Court that hopefully will resolve a circuit court split over whether the FDCPA one-year...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Elon Musk had some explaining to do in light of his “funding secured” tweet on August 7 in the context of taking Tesla private, and he’s gone to the corporate blog to do so, arguing that his meetings with representatives of...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

Goodwin

NY AG Moves to Compel Debt Collector to Respond to Discovery Requests

Goodwin on

On January 17, the New York Attorney General (AG) filed a motion to compel a debt collection company and its owner to produce financial documents, business records, and other documents in a lawsuit alleging that the...more

Ballard Spahr LLP

Unusual procedural development in CFPB/NY AG lawsuit against RD Legal Funding

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In an unusual procedural move last week in the RD Legal Funding case about which we have previously blogged, SDNY Judge Loretta Preska (the judge presiding over the CFPB’s lawsuit against RD Legal Funding) has referred to...more

Dorsey & Whitney LLP

Atlanta Federal Judge Orders Discovery Sanctions Against CFPB and Dismisses CFPB’s Claims

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Last Friday, Judge Richard Story (USDC, N.D. Ga.) entered an order in Consumer Financial Protection Bureau v. Universal Debt Solutions, LLC, et al., granting a defendant’s motion for Rule 37 discovery sanctions and striking...more

Ballard Spahr LLP

The Eastern District of Michigan Affirms the CFPB's Broad Authority to Issue Civil Investigative Demands

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A recent decision from the Eastern District of Michigan in CFPB v. Harbour Portfolio Advisors, LLC; National Asset Advisors, LLC; and National Asset Mortgage, LLC serves as a reminder that the Consumer Financial Protection...more

Troutman Pepper

For Our Eyes Only: Understanding the Attorney-Client Privilege and Its Application to Banks

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The attorney-client privilege is a rule of evidence that prevents the adverse party in a lawsuit from obtaining access to certain communications. If properly understood and wellmanaged, this privilege offers a useful tool for...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

SEC Adopts Trade Acknowledgment and Verification Rules for Security-Based Swap Transactions - On June 8, 2016, the Securities and Exchange Commission publicized the implementation of "rules that will establish timely and...more

Ballard Spahr LLP

CFPB announces consent orders with debt collection law firm, two law firm partners, debt buyer

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The CFPB announced that it has entered into two consent orders involving debt collection litigation practices. A debt collection law firm and two of its partners are the subject of one consent order and a debt buyer is the...more

Ballard Spahr LLP

CFPB denies petition to modify CID

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On December 2, 2015, the CFPB denied a petition for modification of a Civil Investigative Demand (CID) filed by UniRush, LLC. In doing so, the CFPB reinforced its view that such petitions are disfavored. However, in denying...more

Ballard Spahr LLP

FOIA Lawsuit Filed Challenging CFPB Research Methodology

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The law firm Covington & Burling LLP has filed a Freedom of Information Act (FOIA) lawsuit against the CFPB in Washington, D.C. federal district court seeking  information relating to the CFPB’s report on, “Consumer Voices on...more

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