News & Analysis as of

Military Lending Act

Sheppard, Mullin, Richter & Hampton LLP

Federal Court Allows Earned Wage Access Claims Under TILA and MLA to Proceed

On March 5, the U.S. District Court for the Northern District of Illinois denied a fintech provider’s motion to dismiss a proposed class action alleging that its earned wage access (EWA) products violated the Truth in Lending...more

Hudson Cook, LLP

CFS Bites of the Month - 2025 Annual Review - Nondiscrimination and Military Protection Law

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In this article, we share a timeline of monthly "bites" for the past year applicable to consumers protected by nondiscrimination and military protection laws....more

Hinshaw & Culbertson - Consumer Crossroads

Lenders Should Approach the Recent CFPB–MoneyLion Military Lending Act Settlement With Caution

On November 24, 2025, the court in CFPB v. MoneyLion Technologies, No. 1:22-cv-08308 (SDNY) entered a stipulated final judgment and order that settled the Consumer Financial Protection Bureau’s (“CFPB” or “Bureau”)...more

Orrick, Herrington & Sutcliffe LLP

CFPB submits proposed settlement to resolve military lending and UDAAP enforcement action

On November 21, the CFPB and defendants jointly submitted a proposed stipulated final judgment and order to resolve litigation in the U.S. District Court for the Southern District of New York alleging violations of the...more

Morrison & Foerster LLP

Should Earned Wage Access Products Be Considered “Credit”?

Morrison & Foerster LLP on

Earned wage access (EWA) products are increasingly reshaping the employer-employee relationship, with widespread adoption as well as regulatory scrutiny. EWA allows employees to obtain a portion of their accrued wages they...more

Troutman Pepper Locke

Navigating the Servicemembers Civil Relief Act: Protections and Litigation Trends — The Consumer Finance Podcast

Troutman Pepper Locke on

In this episode of The Consumer Finance Podcast, Chris Willis is joined by colleagues Jason Manning and Carter Nichols to explore the intricacies of the Servicemembers Civil Relief Act (SCRA). As the current administration...more

Sheppard, Mullin, Richter & Hampton LLP

District Court Denies Arbitration of Service Members’ Class Action Claims Under Military Lending Act Holding That Earned Wage...

On October 7, the U.S. District Court for the Northern District of California denied a fintech company’s motion to compel arbitration in a putative class action. The plaintiffs, both servicemembers, allege that the company’s...more

Orrick, Herrington & Sutcliffe LLP

District court holds fintech’s arbitration agreement violates Military Lending Act

On October 7, the U.S. District Court for the Northern District of California denied a fintech company’s motion to compel arbitration and stay litigation in a putative class action, for allegedly violating federal and Georgia...more

Orrick, Herrington & Sutcliffe LLP

CFPB reportedly settles with defendant in military lending case

On October 15, a judge from U.S. SDNY granted the CFPB and opposing counsel’s joint letter-motion requesting the court adjourn briefing on a Rule 12(c) motion filed by defendants on July 21. ...more

Troutman Pepper Locke

Earned Wage Access Product Deemed Credit Under MLA, Leading Federal District Court to Deny Motion to Compel Arbitration

Troutman Pepper Locke on

Last week, the U.S. District Court for the Northern District of California denied Empower Finance’s motion to compel arbitration in a class action lawsuit concerning its earned wage access (EWA) product, Cash Advance. In...more

Sheppard, Mullin, Richter & Hampton LLP

District Court Allows Class Action Claims Against EWA Provider to Proceed Under TILA and MLA

On September 8, 2025, the U.S. District Court for the Western District of Washington denied an earned wage access provider’s motion to dismiss a putative class action brought by a servicemember. The plaintiff alleged that the...more

Orrick, Herrington & Sutcliffe LLP

District court denies earned wage access company’s motion to dismiss, class action claims to continue after finding that wage...

On September 8, the U.S. District Court for the Western District of Washington denied an earned wage access provider’s motion to dismiss claims, ruling in favor of an individual alleging the fintech company of unlawful...more

Ballard Spahr LLP

CFPB reaches settlement with FirstCash in connection with alleged MLA Violations

Ballard Spahr LLP on

The CFPB has reached a settlement in its lawsuit against FirstCash, Inc. and its 19 subsidiaries alleging violations of the Military Lending Act (MLA). The parties have jointly filed a stipulated final judgment and proposed...more

Sheppard, Mullin, Richter & Hampton LLP

CFPB Orders Pawn Lender to Pay $9 Million for Alleged Military Lending Act Violations

On July 11, 2025, the Consumer Financial Protection Bureau (CFPB) announced a proposed $9 million settlement resolving its November 2021 lawsuit against a national pawn lender and its subsidiaries. The company and its...more

Orrick, Herrington & Sutcliffe LLP

CFPB proposes loan company pay $9M for military lending violations

On July 11, the CFPB announced its proposed final judgment and order against an operator of retail pawnshops that allegedly made loans to active-duty servicemembers and their dependents at a rate greater than allowed by the...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 15, 2025)

Wiley Rein LLP on

FTC Sends Warning Letters Regarding Potential Noncompliance With “Made in USA” Requirements. On July 8, the FTC sent letters to a flagpole retailer, footwear maker, football equipment company, and personal care products...more

Troutman Pepper Locke

CFPB Rescinds Dozens of Regulatory Guidance Documents in Major Regulatory Shift

Troutman Pepper Locke on

The Consumer Financial Protection Bureau (CFPB or Bureau) announced the withdrawal of 67 regulatory guidance documents, including interpretive rules, policy statements, and advisory opinions that have been issued since the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Servicemember Financial Protections Emerge as a Trump Enforcement Priority

Key Points - - The CFPB and DOJ have recently prioritized enforcement of federal servicemember protections. - The Servicemembers Civil Relief Act and Military Lending Act provide key protections such as interest rate caps,...more

Orrick, Herrington & Sutcliffe LLP

District court agrees to stay and extend CFPB military lending case

On April 1, the U.S. District Court for the Northern District of Texas granted a joint motion filed by the CFPB and the defendants, a consumer lender and its subsidiaries, in a case alleging the defendants violated the...more

Morrison & Foerster LLP

FinReg Currents - Week 9

On March 14, 2025, a judge in the U.S. District Court for the District of Maryland declined to grant a temporary injunction to the City of Baltimore and the Economic Action Maryland Fund. The plaintiffs had requested an...more

Sheppard, Mullin, Richter & Hampton LLP

CFPB Moves Forward with Military Lending Act Enforcement Against Installment Lender 

On March 10, 2025, the CFPB informed the U.S. District Court for the Northern District of Texas that it will proceed with litigation against a short-term installment lender and its subsidiary for alleged violations of the...more

Orrick, Herrington & Sutcliffe LLP

CFPB to proceed with litigation in second Military Lending Act suit

On March 10, the CFPB submitted a status report to the U.S. District Court for the Northern District of Texas advising it will continue to pursue a lawsuit against a consumer lender and its subsidiary for alleged violations...more

Sheppard, Mullin, Richter & Hampton LLP

CFPB Continues Lawsuit Over Alleged Military Lending Act Violations

On March 1, and despite recent policy shifts under the new administration, the CFPB sent a letter to the judge overseeing its lawsuit against a fintech lender in the United States District Court for the Southern District of...more

Orrick, Herrington & Sutcliffe LLP

CFPB will continue prosecution of lender, alleging violations of Military Lending Act and UDAAP

On February 28, the CFPB submitted a letter to the U.S. SDNY advising it will continue to pursue a lawsuit from 2022 alleging a lender violated the Military Lending Act and UDAAP provisions of the CFPA. As previously covered...more

Orrick, Herrington & Sutcliffe LLP

CFPB obtains fortnight extension to inform the court of its intent to pursue action

On February 12, the U.S. SDNY granted the CFPB’s request to extend its deadline to explain if the Bureau wishes to continue its litigation efforts. The Bureau filed a letter with the SDNY requesting a two-week extension. The...more

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