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#CFPB

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

CFPB Issues Preemption Determination that State Commercial Financing Disclosure Laws Are Not Preempted By TILA

May 5, 2023 By Aldys London and Aileen Ng

A&B Abstract: The Consumer Financial Protection Bureau (CFPB) recently announced that it issued a final preemption determination concluding that certain state disclosure laws applicable to commercial financing transactions in California, New York, Utah, and Virginia are not preempted by the federal Truth in Lending Act (TILA). As covered in a previous post, we note that […]

Filed Under: California, Consumer Financial Protection Bureau (CFPB), State Law, Truth in Lending Act (TILA) Tagged With: #California, #CFPB, #New York, #Utah, commercial financing, disclosures, preemption, TILA

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

CFPB Issues Special Edition of Supervisory Highlights Focusing on Junk Fees

March 24, 2023 By Morey Barnes Yost, Caroline Eisner and Patrick Eagan-Van Meter

A&B ABstract: In the 29nd edition of its Supervisory Highlights, the Consumer Financial Protection Bureau (“CFPB”) focused on the impact of so-called “junk” fees in the mortgage servicing, auto servicing, and student loan servicing industries, among others. CFPB Issues New Edition of Supervisory Highlights: On March 8, the CFPB published a special edition of its […]

Filed Under: Auto Loans, Consumer Financial Protection Bureau (CFPB), Consumer Loan, Dodd-Frank Act, Mortgage Servicing, Unfair, Deceptive and Abusive Acts or Practices (UDAAP) Tagged With: #CFPA, #CFPB, #mortgageservicing, Mortgage Servicing, Servicing, student loan servicing

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  • Oh Snap! CFPB Sues Fintech Company under CFPA and TILA
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