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Kelley Barnaby

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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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Being a Government Agency is not an Exception to the Federal Discovery Rules

June 15, 2023 By Kelley Barnaby and Sam Bragg

A&B Abstract: When litigating in federal court, government agencies are not exempt from the rules of discovery.  The Eleventh Circuit reminded the Consumer Financial Protection Bureau (“CFPB”) of this in its recent decision CFPB v. Brown, et al., No. 21-14468 (11th Cir. 2023).  There, the Court affirmed a district court’s sanctions order dismissing the CFPB’s claims […]

Filed Under: Consumer Financial Protection Bureau (CFPB) Tagged With: #CFPB, Case law, Eleventh Circuit

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

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