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MoFo Reenforcement The Enforcement Blog

Tag Archives: Supreme Court

U.S. Supreme Court Strikes CFPB Director For-Cause Removal Provision

Posted in CFPB

The U.S. Supreme Court issued its ruling in Seila Law LLC v. Consumer Financial Protection Bureau, holding that the CFPB’s leadership structure—with a single director removable only for inefficiency, neglect, or malfeasance—is unconstitutional because it violates the separation of powers. But the Court preserved the Bureau by severing the for-cause removal provision from the rest… Read More

Blair v. Rent-A-Center, Inc.: California’s McGill Rule Not Preempted by the FAA

Posted in Preemption

The Ninth Circuit affirmed the district court’s denial of Rent-A-Center, Inc.’s motion to compel arbitration in a putative class action challenging the company’s structuring of its rent-to-own pricing. We discuss the court’s recent decision and how its preemption analysis means that the California Supreme Court’s ruling in McGill v. Citibank will continue to impact the enforceability of… Read More

Unanimous but Narrow SCOTUS Ruling on Fair Debt Collection Practices Act

Posted in Foreclosure, Mortgage, Regulatory Developments

On March 20, 2019, the Supreme Court unanimously ruled in Obduskey v. McCarthy & Holthus LLP that a business engaged in non-judicial foreclosure is not subject to all of the requirements and prohibitions applicable to “debt collectors” under the Fair Debt Collections Practices Act. We discuss The Supreme Court’s decision and how this ruling is… Read More

Supreme Court “Expresses” Unanimous View That Credit Card Disclosure Rules Regulate Speech

Posted in Credit Cards, State Regulators

On March 29, 2017, the U.S. Supreme Court held that a New York law restricting the way merchants may communicate prices to their customers regulates speech and, thus, is subject to review under the First Amendment. Specifically, the Court held that New York General Business Law § 518 (“Section 518”) should not be viewed as regulating… Read More

The Supreme Court’s Spokeo Decision: Concrete Shoes For Consumer Class Actions?

Posted in Credit Reports

Today the Supreme Court issued its highly anticipated decision in Spokeo, Inc. v. Robins. The decision takes on a hot topic in consumer class action law today—what must a plaintiff plead and prove to have standing to sue for a violation of a federal statute? The Court held that an allegation of a statutory violation,… Read More

Supreme Court Affirmation of Hawkins Case Raises More Questions Than It Answers

Posted in Fair Lending

On March 22, 2016, the Supreme Court of the United States issued an order in Hawkins v. Community Bank of Raymore. An evenly divided Court affirmed without issuing an opinion, thereby resolving the Hawkins case but leaving open the proper interpretation of the Equal Credit Opportunity Act (ECOA), failing to resolve a circuit split between… Read More

Disparate Impact Doctrine Survives Supreme Court Review

Posted in Disparate Impact

After years of debate and false starts, the Supreme Court has held that the Fair Housing Act (“FHA”) permits disparate impact claims.  In Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., No. 13-1371, 576 U.S. __ (2015), a divided Court held that specific language in the statute permits plaintiffs to challenge… Read More

Breaking News: Supreme Court Upholds Inclusive Communities Disparate Impact Decision

Posted in Disparate Impact

The Supreme Court of the United States released the following opinion this morning: Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., No. 13-1371 The Court affirmed the judgment of the Fifth Circuit and held that disparate impact claims are cognizable under the Fair Housing Act.  The opinion is available here. Stay… Read More

Disparate Whatever

Posted in Disparate Impact, Fair Lending

The House has approved an amendment aimed at barring the Department of Justice (DOJ) from enforcing the U.S. Department of Housing & Urban Development’s (HUD) fair lending disparate impact rule. The amendment is to H.R. 2578, the Fiscal Year 2016 Commerce, Justice, Science, and Related Agencies Appropriations Act. It would prohibit the DOJ from using… Read More

Second Time’s the Charm? Supreme Court Takes Up Landmark FCRA Case to Address Whether Congress Can Create Standing

Posted in CFPB, Credit Reports

Zombie or no-injury plaintiffs seeking to represent zombie or no-injury classes are on the rise. In these suits, plaintiff was not injured, and there’s no way to prove who, if anyone, in the class was. Thomas Robins is one of those plaintiffs who brought suit on behalf of a class of similarly situated consumers against… Read More

Supreme Court to Determine Whether ECOA Allows Spousal Guarantors to Challenge Liability

Posted in Fair Lending

On March 2, 2015, the Supreme Court of the United States granted certiorari in Hawkins v. Cmty. Bank of Raymore, 761 F.3d 937 (8th Cir. 2014), cert. granted, No. 14-520, 2015 U.S. LEXIS 1635 (U.S. Mar. 2, 2015)—on appeal from the Eighth Circuit—to decide whether certain guarantors are excluded from the definition of “applicant” under… Read More

Supreme Court Allows Agencies to Reinterpret the Law at Their Discretion

Posted in CFPB

In a decision published on March 9, 2015, the Supreme Court ended the D.C. Circuit Court’s Paralyzed Veterans doctrine, which required administrative agencies to utilize the Administrative Procedure Act’s (APA) notice-and-comment process in order to substantially alter an interpretation. See Perez v. Mortgage Bankers Assoc., 575 U.S. ___, No. 13-1041, slip op. (March 9, 2015)…. Read More

CFPB Urges SCOTUS: Hands Off That FCRA Holding

Posted in CFPB, Credit Reports

Time to dust off those federal jurisdiction hornbooks! The Consumer Financial Protection Bureau (CFPB) and Office of the Solicitor General (collectively, “the government”) submitted an amicus brief to the Supreme Court in response to a petition for a writ of certiorari in the closely-watched case Spokeo, Inc. v. Thomas Robins, No. 13-1339. The issue? Standing,… Read More