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Sam Bragg

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About Sam Bragg

Leveraging his experience as a management consultant and federal judicial clerk, Sam provides clients with innovative litigation solutions to help them realize their complex commercial goals.

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Oh Snap! CFPB Sues Fintech Company under CFPA and TILA

August 7, 2023 By Sam Bragg

A&B Abstract: On July 19, 2023, the Consumer Financial Protection Bureau (CFPB) sued a Utah-based fintech company and several of its affiliates (the Company) for allegedly deceiving consumers and obscuring the terms of its financing agreements in violation of the Consumer Financial Protection Act (CFPA), the Truth in Lending Act (TILA), and other federal regulations. […]

Filed Under: Consumer Financial Protection Bureau (CFPB), Consumer Loan, Debt Collection, Dodd-Frank Act, Truth in Lending Act (TILA), Unfair, Deceptive and Abusive Acts or Practices (UDAAP) Tagged With: #CFPA, #CFPB, #debtcollection, Regulation Z, TILA

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

Second Circuit Deepens Circuit Split over CFPB Funding Structure

March 28, 2023 By Sam Bragg

A&B ABstract: On March 23, 2023, the Second Circuit held the Consumer Financial Protection Bureau’s (CFPB) funding structure is constitutional.  This decision comes on the heels of the Supreme Court granting certiorari to review the Fifth Circuit’s ruling in Community Financial that reached the opposite conclusion. The Second Circuit’s Ruling The Second Circuit case, styled […]

Filed Under: Circuit Court Decisions, Consumer Financial Protection Bureau (CFPB) Tagged With: #CFPA, #CFPB, 2nd Circuit, Court of Appeals, Second 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

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Recent Posts

  • Consumer Finance State Roundup
  • Oh Snap! CFPB Sues Fintech Company under CFPA and TILA
  • Consumer Finance State Roundup
  • NY DFS Releases Revised Proposed Second Amendment of its Cybersecurity Regulation
  • Georgia, Florida, Connecticut Enact Commercial Financial Disclosure Laws
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