Two recently-passed bills in California, Assembly Bill 2311 (“AB 2311”) and Senate Bill 1311 (”SB 1311”), were signed into law by Governor Gavin Newsom on September 13 and September 27, respectively, placing new restrictions on the sale of Guaranteed Asset
Financial
Fifth Circuit Rules CFPB Funding Structure Unconstitutional in Next Turn of Litigation
On October 19, in Community Financial Services Association of America, Limited v. Consumer Financial Protection Bureau, a three-judge panel in the Fifth Circuit unanimously found the CFPB’s funding structure to be unconstitutional, holding that it violates the U.S. Constitution’s Appropriations…
Fifth Circuit denies rehearing en banc in case with implications for CFPB’s use of administrative law judges
The U.S. Court of Appeals for the Fifth Circuit recently denied rehearing en banc in Jarkesy v. Securities and Exchange Commission, a case with significant implications for the use of administrative law judges (ALJs) by federal agencies, including the CFPB. …
CFPB Annual Report: End to Mortgage Refinancing Boom, Increase in Home Purchase Loans
On September 29, the CFPB released its annual report on residential mortgage lending activity and trends for 2021. Notably, the report shows a shift from refinance loans in 2020 to home purchase loans in 2021—with a greater share of home…
FTC settles action against D.C.-area auto dealer group over illegal fees and discrimination allegations
On October 18, 2022, the Federal Trade Commission (“FTC”) announced a settlement with a Washington, D.C.-area auto dealer, Passport Automotive Group (“Passport”), resolving allegations that it had deceived consumers by adding illegal “junk” fees onto car prices and charging Black…
CFPB files lawsuit against online event registration company alleging unlawful practices in connection with fees charged for membership club
Last week, the CFPB filed a lawsuit against ACTIVE Network LLC (“Active”), an online event registration company, in a Texas federal district court alleging that the company is deceiving customers into joining its fee-based membership club, “Active Advantage.” Event organizers…
This week’s podcast episode: Fifth Circuit rules that the Consumer Financial Protection Bureau is unconstitutionally funded: What does the decision mean? A deep dive with special guest Isaac Boltansky, Managing Director and Director of Policy Research, BTIG
In a decision with enormous potential implications, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has ruled that the manner in which the CFPB is funded violates the Appropriations Clause of the U.S. Constitution.…
Michigan Bankruptcy Court Examines Subchapter V Confirmation Requirements
Mercifully, I’m going to experiment with how short I can make case summaries. Earlier this month, Michigan Bankruptcy Judge Applebaum denied confirmation in Lapeer Aviation’s Subchapter V bankruptcy cases. Lapeer operates the Dupont-Lapeer Airport (D95), which is about 25 miles…
SEC Adopts Amendments to Electronic Recordkeeping Requirements for Broker-Dealers and Security-Based Swap Entities
The Amended Rules are Intended to be “More Technology Neutral” and Specifically Address Cloud Storage
On October 12, 2022, the SEC adopted amendments to the electronic recordkeeping requirements under SEC Rule 17a-4, applicable to broker-dealers, as well as SEC Rule…
The SEC Adopts Clawback Rules: 5 Things to Know
Yesterday, the SEC adopted the clawback rules that have had quite a long journey, as noted in our blog a few days ago. Here’s the press release, fact sheet and 230-page adopting release.
Here are five things to…