Never confuse motion with action.
-Earnest Hemingway
Litigation Reveals New Insights on CFPB Power to Sue Lenders and the Insurance Exemption (and a Refresher Course on Federal Civil Procedure!) (Libre, part 3)
Since the inception of the Consumer Financial Protection Bureau (CFPB or Bureau), much debate has occurred over a key threshold question: how should regulators or lawmakers decide that a novel product constitutes a “lending product”? Is the product at issue in the bailiwick of banking or insurance regulators? Not only has the question (“is it…
CFPB Litigation on Merchant Exemption in UDAAP Has Potential to Set Precedent for Retailers (Libre, part 2)
Recent motion to dismiss briefing in federal court illuminates the grant by Congress of exemptions to the CFPB’s authority to pursue market participants for alleged violations of the prohibition against Unfair, Deceptive, or Abusive Acts and Practices (“UDAAP”) set forth in the Dodd-Frank Act. In the Libre matter, which was previously addressed here, the Consumer…
CFPB Files Lawsuit Using Operation Chokepoint-Style Theory: Five Key Questions Answered Here
The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) or other agencies are faced with a choice: either pursue alleged violators one-by-one on the basis of their own acts, or impact hundreds or thousands of entities in a single action by pursuing the payment processor (or other service provider) upon which those other companies rely. The…
This Past Monday, CFPB filed Opposition to MTD in Case Defining “Abusive” Acts Against Immigrants (Libre, Part 1)
Consumer Financial Protection Bureau (“Bureau” or “CFPB”) commentators often distinguish between two classes of cases: “whack-a-mole” cases against small fringe entities vs. large fines imposed on mainstream institutions. This is, in some ways, a hollow distinction. The CFPB may use cases against non-traditional financial companies in order to pressure test CFPB’s novel authorities. What does…
Why this blog was created?
Consumer-financial-protection laws affect everyone. This field is also relatively new, as the Consumer Financial Protection Bureau is a young agency compared to other regulators in DC. This blog exists to flag nuances that may not be detectable to the naked eye. These cases are also incredibly exciting. We are all students of title X of…
Repealing Section 230 Will Not Foster “More Free” Speech
Certain lawmakers in recent months assert that technology companies should not be allowed to censure content. Due to displeasure with restrictions on speech or content blocked (or qualified) on such platforms, lawmakers have called for a repeal of Section 230 of the Communications Decency Act. It does not work like that. Passed in 1996, Section…
New Wine into New Wineskins? CFPB Debt-Collection Rule and Text or Email Messaging
The CFPB recently finalized its debt-collection rule, governing third-party collections. The need for this regulatory update arises because the existing protocols governing consumer debt-collection previously existed in an antiquated law. Meaning, the Fair Debt Collection Practices Act, enacted in 1977. The new CFPB rule was issued in late 2020. This rule manifests a larger movement…
A labor of love! The first high-level CFS book of its kind…
Last month, it was my great honor to see our manuscript published, “Consumer Finance Law: Understanding Consumer Financial Services Regulations.” Mad props to the 18 authors of 46 chapters, and to my co-editor, the inimitable Nate Viebrock. Although several federal consumer finance laws have been around for over four decades, there has not been a…
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