Published: May 20, 2019

In Consumer Financial Protection Bureau v. Seila Law LLC, 2019 WL 1985350 (9th Cir. May 6, 2019), the Ninth Circuit followed the earlier decision of the D.C. Circuit in PHH Corp. v. Consumer Financial Protection Bureau, 881 F.3d 75 (D.C. Cir. 2018) (en banc), in holding that the single-director structure of the Consumer Financial Protection Bureau (CFPB) is constitutional.

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Published: May 8, 2019

On April 24, 2019, the U.S. Court of Appeals for the Second Circuit issued its decision in the case of Gingras v. Think Finance, Inc., 2019 WL 1780951 (2d Cir. April 24, 2019), a decision with far-reaching implications on Native American sovereign immunity and predatory lending practices. 

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Published: April 29, 2019

In Lamps Plus Inc. v. Varela, 587 U. S. ___, 2019 WL 1780275 (Apr. 24, 2019), the U.S. Supreme Court ruled 5-4 that under the Federal Arbitration Act (FAA), an arbitration provision in an employment agreement that is “ambiguous” does not provide a strong enough basis for concluding that the parties intended to submit to class action arbitration.

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Published: April 25, 2019

In Fumelus v. Experian Information Solutions, Inc., 2019 WL 1509140 (D.N.J. Apr. 5, 2019), the plaintiffs alleged that defendant Diamond Resorts (“Diamond”) violated the FCRA by furnishing false information about their account.

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Published: April 11, 2019

Recently, joined by former CFPB Director Richard Cordray, California Assemblywoman Monique Limon (D-Santa Barbara) told a press gathering that she planned to introduce legislation to create a state-level version of the federal Consumer Financial Protection Bureau (CFPB), either by raising the budget of the state’s Department of Business Oversight (DBO) or through the creation of a new state agency.

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Published: April 3, 2019

The Federal Trade Commission (FTC) publishes a comprehensive annual update detailing the significant actions it has taken to protect American consumers’ privacy and data security. For the 2018 calendar year, the FTC’s update detailed the following actions.

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Published: March 12, 2019

Recent Third Circuit Decision holds consumer debt buyer subject to the FDCPA

In Barbato v. Greystone Alliance, LLC, 2019 WL 847920 (3d Cir. Feb. 22, 2019), the Third Circuit U.S. Court of Appeals considered whether defendant/appellant Crown Asset Management (Crown), a “passive” debt buyer, was subject to the FDCPA.

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Published: February 19, 2019

Two significant decisions on the issue of standing to sue were handed down by the Illinois courts on January 25, 2019. Both of them offer significant assistance to the plaintiff’s class action bar by easing the requirements for alleging standing, thereby encouraging the filing of more cases against consumer financial institutions.

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Published: February 11, 2019

The CFPB’s proposed amendments to its Payday, Vehicle Title, and Certain High-Costs Installment Loans Rule have changes that are generally disliked by consumer advocacy groups and applauded by them as well.

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Published: January 21, 2019

On January 7, 2019, the Superintendent of New York's Department of Financial Services (NYDFS), Maria Vullo, who has since been replaced by Governor Cuomo, gave a parting gift to all companies that are regulated by the DFS: Guidance on whistleblowing programs that must be part of the “comprehensive compliance program” for all DFS-regulated financial service companies. (See Whistleblower Guidance). 

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