The United States Supreme Court has granted certiorari in the matter of Seila Law LLC v. Consumer Financial Protection Bureau to address the question of whether the Consumer Financial Protection Bureau’s (CFPB) single-director structure and the President’s authority to remove
Consumer Finance Litigation Bulletin
The Consumer Finance Litigation Bulletin, published by Saul Ewing Arnstein & Lehr, focuses on legal developments and litigation trends in consumer finance. It covers regulatory actions and enforcement by agencies such as the Consumer Financial Protection Bureau (CFPB), including topics like digital marketing rules, unfair, deceptive, or abusive acts or practices (UDAAP), and discrimination in financial services. The bulletin also addresses significant court decisions affecting consumer finance laws, such as interpretations of the Telephone Consumer Protection Act (TCPA) and biometric privacy regulations. It provides updates on advisory opinions and regulatory guidance impacting financial product providers and marketers.
Latest from Consumer Finance Litigation Bulletin - Page 3
Trump Administration Seeking Presidential Authority to Remove CFPB Director, asking Supreme Court to Decide
By eplawecki
Trump Administration Seeking Presidential Authority to Remove CFPB Director, asking Supreme Court to Decide
As the CFPB is currently structured, the head of the CFPB may only be ousted by the President for good cause. However, the Trump Administration is
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11th Circuit Finds Receipt Of A Single Unsolicited Text Message Fails To Confer Article III Standing Under The TCPA
By eplawecki
11th Circuit Finds Receipt Of A Single Unsolicited Text Message Fails To Confer Article III Standing Under The TCPA
In Salcedo v. Hanna, No. 17-14077 (11th Cir. Aug. 28, 2019), the 11th Circuit considered whether receipt of a single
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CFPB Continues Its Enforcement In Less Than Traditional Areas of Consumer Protection; This Time it is Remittances
By eplawecki
CFPB Continues Its Enforcement In Less Than Traditional Areas of Consumer Protection; This Time it is Remittances
The Consumer Financial Protection Bureau (CFPB) announced on Tuesday, August 27, 2019 a consent order entered into with Maxitransfers Corp., a Texas-based
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New Jersey Appellate Division Curtails Prior Holdings Exempting “Semi-Professionals” from the Consumer Fraud Act
By mmacdonald
New Jersey Appellate Division Curtails Prior Holdings Exempting “Semi-Professionals” from the Consumer Fraud Act
In a recent published decision, Shaw v. Shand,1 the New Jersey Appellate Division held that licensed semi-professionals are not “learned professionals” exempt from liability under the
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Third Circuit Holds that Inclusion of “Quick Response” Codes on Envelope Violates the Fair Debt Collection Practices Act
By mmacdonald
Third Circuit Holds that Inclusion of “Quick Response” Codes on Envelope Violates the Fair Debt Collection Practices Act
In a precedential opinion, DiNaples v. MRS BPO, LLC, the Third Circuit held that adding an unencrypted “quick response” or “QR” code
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Third Circuit Holds that Inclusion of “Quick Response” Codes on Envelope Violates the Fair Debt Collection Practices Act
By mmacdonald
Third Circuit Holds that Inclusion of “Quick Response” Codes on Envelope Violates the Fair Debt Collection Practices Act
In a precedential opinion, DiNaples v. MRS BPO, LLC, the Third Circuit held that adding an unencrypted “quick response” or “QR” code
…
New York Department of Financial Services’ Title Insurance Regulation Vacated, Again? On to the Court of Appeals
By eplawecki
New York Department of Financial Services’ Title Insurance Regulation Vacated, Again? On to the Court of Appeals
On August 5, 2019 a New York state court, on remand from the Appellate Division, again determined that Section 228.2(c) of the New
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New York Bill Targeting Robocalls Could Significantly Increase Exposure for Financial Services Companies
By eplawecki
New York Bill Targeting Robocalls Could Significantly Increase Exposure for Financial Services Companies
A New York law aimed at curbing robocalls could significantly increase risk for companies relying on auto-dialers or prerecorded calls to contact customers. The “Robocall Prevention
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Ninth Circuit Finds No Problem With The CFPB’s Single-Director Structure
By eplawecki
In Consumer Financial Protection Bureau v. Seila Law LLC, 2019 WL 1985350 (9th Cir. May 6, 2019), the Ninth Circuit followed the earlier decision of the D.C. Circuit in PHH Corp. v. Consumer Financial Protection Bureau, 881 F.3d 75…