News & Analysis as of

Statutory Interpretation Enforcement Actions

Sheppard Mullin Richter & Hampton LLP

CFPB Narrows State Enforcement Powers by Rescinding 2022 Interpretative Rule

On May 15, the CFPB rescinded its May 2022 interpretive rule that had expanded state enforcement authority under Section 1042 of the Consumer Financial Protection Act (CFPA). The Bureau now maintains that the previous...more

Troutman Pepper Locke

Rescission of CFPB’s 2022 Interpretive Rule: A Shift in the Scope of State Enforcement Authority Under the CFPA

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On May 15, the Consumer Financial Protection Bureau (CFPB or Bureau) officially rescinded its May 2022 interpretive rule concerning the scope of state enforcement authority under § 1042 of the Consumer Financial Protection...more

Lerman Senter PLLC

Federal Communications Commission Enforcement Enters a Time of Uncertainty

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Recent political and legal developments call into question the future of the Federal Communications Commission’s in-house enforcement practices....more

McGuireWoods LLP

States May Not Obtain Civil Money Penalties Under the Consumer Financial Protection Act

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There has been much speculation that States will fill the void created by the Trump Administration’s drastic scaling back of the Consumer Financial Protection Bureau. Congress authorized both state attorneys general and state...more

Wiley Rein LLP

Closing the FARA Retroactive Registration Loophole

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Earlier this month, and following a string of recent bills introduced to reform the Foreign Agents Registration Act (FARA), Representative Ben Cline (R-VA) introduced the Foreign Agents Transparency Act (“Transparency Act”)...more

Orrick, Herrington & Sutcliffe LLP

CFPB rescinds prior notice on state enforcement scope

On May 15, the CFPB published a Federal Register notice withdrawing its interpretive rule on the scope of state enforcement under Section 1042 of the CFPA. Under the new administration, the Bureau deemed the interpretative...more

Cadwalader, Wickersham & Taft LLP

Certainty and Uncertainty May 2025 - CFPB v. NCSLT Again Again Again

As if the saga of litigation involving the Consumer Financial Protection Bureau (“CFPB”) and National Collegiate Master Student Loan Trusts (“NCSLT”) that has been going on since 2017 has not been protracted and complicated...more

Bradley Arant Boult Cummings LLP

Takeaways from the CFPB’s Withdrawal of Guidance

Effective May 12, 2025, the Consumer Financial Protection Bureau (CFPB) formally revoked 67 different guidance documents by publishing a notice in the Federal Register. The CFPB’s action covers various guidance documents,...more

Goulston & Storrs PC

AG's Power Holds, but Agency Shortcuts Don't

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In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...more

Troutman Pepper Locke

CFPB Rescinds Dozens of Regulatory Guidance Documents in Major Regulatory Shift

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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

Foley Hoag LLP - White Collar Law &...

Federal District Court Upholds HHS Advisory Opinion Blocking Fertility Assistance Program

A recent decision from the United States District Court for the District of Columbia continues to give significant deference to the U.S. Department of Health and Human Services’ (HHS) interpretation of the Anti-Kickback and...more

Bradley Arant Boult Cummings LLP

PART 1: “Staying in Our Lane”: Andrew Ferguson’s FTC Philosophy on Privacy Enforcement

Since Andrew Ferguson assumed the role of FTC chair in January 2025, following his year-long tenure as a commissioner, businesses have been watching closely for signals of how the agency might redirect its focus on privacy...more

Shipkevich PLLC

Connecticut Supreme Court Clarifies Attorney Exemption in Debt Negotiation Enforcement Action

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On April 8, 2025, the Connecticut Supreme Court, in Commonwealth Servicing Group, LLC v. Department of Banking, issued an opinion that only attorneys and law firms are permitted to claim the attorney exemption from the...more

Bass, Berry & Sims PLC

False Claims Act Gives Broad Dismissal Authority to Government, District Judge Says

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On April 2, the United States District Court for the Eastern District of Virginia dismissed a whistleblower’s False Claims Act (FCA) action after the relator attempted to dismiss the government as a plaintiff-intervenor in...more

Benesch

Fraud by Omission? How Thompson v. United States Could Narrow the Reach of the Federal Wire, Mail, and Bank Fraud Statutes

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The vast majority of federal white-collar fraud enforcement actions are prosecuted under the wire, mail, or bank fraud statutes.  18 U.S.C. §§ 1341, 1343, and 1344. The Supreme Court’s recent decision in Thompson v. United...more

Mayer Brown

Can a Foreign Judgment Debt Directly Give Rise to Insolvency Proceedings in England?

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The Court of Appeal has held that seeking satisfaction of a foreign judgment debt using a statutory demand and the spectre of bankruptcy proceedings first requires the judgment to be recognised in this jurisdiction....more

Warner Norcross + Judd

Federal Trial Court Rules That Standard Stellantis Contract Terms Do Not Create an Enforceable Requirements Contract

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Automotive contract law keeps evolving, and suppliers will need to continuously assess how these changes will impact them. As we previously reported, last summer, the United States Court of Appeals for the Sixth Circuit...more

Dorsey & Whitney LLP

The Supreme Court Update - March 21, 2025

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The Supreme Court of the United States issued two decisions on March 21st: Delligatti v. United States, No. 23-825: This case interprets 18 U.S.C. § 924(c), which imposes a five-year mandatory minimum sentence when a...more

Orrick, Herrington & Sutcliffe LLP

Bank responds to CFPB’s amended complaint and alleges improper delay tactics

On March 17, a bank again asked the U.S. District Court for the Northern District of Texas to dismiss the CFPB’s suit against the bank. As previously covered by InfoBytes, the Bureau filed an amended complaint after the...more

Morrison & Foerster LLP

Federal Circuit Significantly Broadens Qualifying Expenses for Economic Domestic Industry at the ITC

On March 5, the Federal Circuit held that sales, marketing, warehousing, quality control, or distribution expenditures may count as “employment of labor or capital” for purposes of satisfying the economic domestic industry...more

BakerHostetler

Federal Circuit Concludes Sales and Marketing Expenses Are To Be Included In Economic Prong Analysis At The ITC

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Last week, the U.S. Court of Appeals for the Federal Circuit lowered barriers that one must overcome to enforce patents at the U.S. International Trade Commission (ITC). The ITC often proves to be an effective forum to...more

Paul Hastings LLP

Federal Circuit Axes Years of ‘Domestic Industry’ Precedent in ITC § 1337 Investigations

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The Court of Appeals for the Federal Circuit (CAFC) has taken an axe to years of precedent in § 1337 investigations at the International Trade Commission (ITC). The ITC has long denied “mere importers” the protection of §...more

Harris Beach Murtha PLLC

First Circuit Decision Raises Bar on Anti-Kickback Statute-Premised Liability Under the False Claims Act

The United States Court of Appeals for the First Circuit recently joined the Sixth Circuit (2023) and Eighth Circuit (2022) in holding that the term “resulting from” in the Federal Anti-Kickback Statute (“AKS”) (as amended in...more

Snell & Wilmer

Navigating New Department of Education Guidance Amid Shifting Judicial Precedents

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In its final days, the Biden Department of Education issued a Dear Colleague Letter regarding misrepresentations made by third‐party service providers engaged by institutions of higher education. This new guidance, published...more

Nossaman LLP

City and County of San Francisco vs. EPA: Implications for Clean Water Act Permittees

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On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S....more

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