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Kelley Barnaby

About Kelley Barnaby

Kelley Barnaby focuses her practice on consumer protection and unfair competition litigation and counseling, including private litigation and government investigations regarding antitrust, data privacy, False Claims Act, and CFPB enforcement matters.

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Supreme Court Wrestles with Scope of Attorney-Client Privilege

January 17, 2023 By Sam Bragg, Kelley Barnaby and Christian Sweeney

A&B Abstract: On Monday, January 9, 2023, the United States Supreme Court heard argument in a case with potentially major implications for companies and individuals alike. In re Grand Jury asks the Court to give trial courts a definitive standard for determining if dual-purpose client communications containing both legal and nonlegal advice are protected under […]

Filed Under: Supreme Court Decisions Tagged With: ACP, Attorney-Client Privilege, Privilege, SCOTUS, SupremeCourt

38 Attorneys General Ask SCOTUS to Determine the CFPB’s Fate

December 29, 2022 By Kelley Barnaby, Sam Bragg and Chris Thomson

A&B Abstract: In November, the Consumer Financial Protection Bureau (“CFPB”) filed a petition for a writ of certiorari in connection with the Fifth Circuit’s recent decision in Community Financial, which held that the CFPB’s funding structure violated the Constitution’s Appropriations Clause. (For a full discussion of the Community Financial decision, click here; for a full […]

Filed Under: Attorney General Actions, Consumer Financial Protection Bureau (CFPB), Supreme Court Decisions Tagged With: #CFPB, Attorneys General, Fifth Circuit, SupremeCourt

CFPB Sues MoneyLion over Membership Program, Uses Military Lending Act as Hook

October 5, 2022 By Sam Bragg and Kelley Barnaby

A&B Abstract: On September 29, 2022, the Consumer Financial Protection Bureau (“CFPB”), sued MoneyLion Technologies Inc. and 37 of its subsidiaries (“MoneyLion”) in New York federal court for violations of the Military Lending Act (the “MLA”) and Consumer Financial Protection Act (“CFPA”). The Allegations The CFPB alleges that MoneyLion offered installment loans that consumers could […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Consumer Loan, Dodd-Frank Act Tagged With: #CFPA, #CFPB, #New York

The District of Columbia Continues to Fight the “True Lender” Rule in Court

April 19, 2021 By Kelley Barnaby and Anne Martin

A&B ABstract: Innovative partnerships between banks and nonbanks have expanded lending services to consumers and small businesses. These partnerships, known as marketplace lending arrangements, offer non-traditional loan products to consumers and small businesses. Significantly, state laws establishing interest rate caps do not apply to marketplace lending arrangements where the bank is the true lender. But […]

Filed Under: Uncategorized Tagged With: #truelender

What Do the CFPB’s and FTC’s 2020 Debt Collection Activity Forecast for 2021?

April 5, 2021 By Kathleen Benway and Kelley Barnaby

On March 22, 2021, the Consumer Financial Protection Bureau (CFPB) released its 2020 annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA). The CFPB’s annual report follows the Federal Trade Commission’s (FTC) annual letter to the CFPB regarding the FDCPA, publicly released on March 19, 2021. The annual report highlights both agencies’ efforts […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Debt Collection, Federal Trade Commission (FTC)

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