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CFPB Loses Motion For Reconsideration In Borders Case: Its Next Steps May Provide Insight Into The Mulvaney Enforcement Strategy
Following Borders & Borders PLC's (Borders) successful summary judgment motion last summer, the Consumer Financial Protection Bureau (CFPB or Bureau) filed a motion for reconsideration...
United States
27 Mar 2018
2
Supreme Court Will Not Look At Spokeo Again, Leaving Lower Courts To Grapple With Article III Uncertainties
On January 22, 2018, the United States Supreme Court, quietly and without commentary, declined to review the Ninth Circuit Court of Appeals' recent decision ...
United States
9 Feb 2018
3
Ninth Circuit Holds That A Prohibition On Credit Card Surcharges Abridges Merchants' Freedom Of Speech In Violation Of First Amendment
The Ninth Circuit's recent decision in Italian Colors Rest. v. Becerra, upheld an as-applied constitutional challenge to a California law prohibiting retailers from imposing a surcharge...
United States
26 Jan 2018
4
Ninth Circuit Holds That A Prohibition On Credit Card Surcharges Abridges Merchants' Freedom Of Speech In Violation Of First Amendment
The Ninth Circuit's recent decision in Italian Colors Rest. v. Becerra ("Italian Colors"),[1] upheld an as-applied constitutional challenge to a California law prohibiting retailers from imposing...
United States
24 Jan 2018
5
Business Groups File Federal Lawsuit To Challenge CFPB Arbitration Rule
The Arbitration Rule, which was issued in July 2017 but which will not go into effect until March 2018...
United States
18 Oct 2017
6
You Can't Ignore RESPA Section 8(c)
It's been over a year since the CFPB turned the real estate settlement services industry on its head by announcing in its first ever administrative appeal that Section 8(c) of RESPA was not...
United States
22 Sep 2017
7
District Court Rebuffs CFPB's RESPA "Continuing Violations" Theory
On June 6, 2017, a federal district court in Menichino v. CitiBank rejected an interpretation of the RESPA Section 8 statute of limitations espoused by the CFPB in captive reinsurance cases, ...
United States
22 Jun 2017
8
The CFPB's Respa Consent Orders: Eight Key Takeaways
The CFBP on January 31, 2017 issued consent orders settling enforcement claims that a major mortgage lender violated the RESPA in connection with its marketing, desk rental, lead purchase...
United States
16 Feb 2017
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