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Alston & Bird

Supreme Court Hears the CFPB Declare Itself Unconstitutional

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Our Financial Services Litigation Team dives into the oral argument before the U.S. Supreme Court that could decide the fate of the Consumer Financial Protection Bureau....more

Holland & Knight LLP

Supreme Court Wrestles with Constitutional Challenge to the CFPB

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The U.S. Supreme Court heard argument on March 3, 2020, in Seila Law v. CFPB. The case involves a constitutional challenge to the structure of the Consumer Financial Protection Bureau (CFPB) by a California law firm under...more

Ballard Spahr LLP

SCOTUS hears oral argument in Seila Law

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The U.S. Supreme Court heard oral argument yesterday morning in Seila Law.  The two questions before the Court are whether the provision in Title X of the Dodd-Frank Act that only allows the President to remove the CFPB...more

Ballard Spahr LLP

SCOTUS enters order dividing and enlarging time for oral argument in Seila Law

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The U.S. Supreme Court entered an order last Friday that divides and enlarges the time for oral argument in Seila Law, which is scheduled for March 3. ...more

Ballard Spahr LLP

Seila Law files motion with SCOTUS to enlarge and divide oral argument time

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Seila Law has filed a motion with the U.S. Supreme Court requesting an enlargement of the time allocated for oral argument (scheduled for March 3) and a division of the time to accommodate “the unusual circumstances for oral...more

Ballard Spahr LLP

Seila Law and CFPB file briefs in U.S. Supreme Court

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Seila Law and the CFPB filed their briefs yesterday in the U.S. Supreme Court.  Both briefs address the question presented in Seila Law’s certiorari petition, which is whether the CFPB’s...more

Ballard Spahr LLP

SCOTUS sets March 3 oral argument in Seila Law

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The U.S. Supreme Court has scheduled oral argument in Seila Law on March 3, 2020. The question presented in Seila Law’s petition is whether the CFPB’s single-director-removable-only-for-cause structure violates the...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

Ballard Spahr LLP

Second Circuit adjourns oral argument in RD Legal

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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

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

Fifth Circuit panel in All American Check Cashing asks parties to brief impact of en banc Fifth Circuit decision holding FHFA...

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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

Ballard Spahr LLP

En banc Fifth Circuit decision holding FHFA structure unconstitutional could presage similar fate for CFPB and circuit split

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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

Ballard Spahr LLP

Fifth Circuit hears oral argument in All American Check Cashing

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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

Ballard Spahr LLP

Oral argument calendared for March 12 in All American Check Cashing case

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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

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