District Court Dismisses Case Challenging Constitutionality of Dodd-Frank for Lack of Standing

By | CFPB Monitor | August 7, 2013
District Court Dismisses Case Challenging Constitutionality of Dodd-Frank for Lack of Standing

When the State National Bank of Big Spring case challenging the constitutionality of several titles of the Dodd-Frank Wall Street Reform & Consumer Protection Act (“Dodd-Frank”) was originally filed in June 2012, I immediately identified its vulnerability to a motion to dismiss for lack of standing.

Update On Cases Challenging Cordray Appointment

By | CFPB Monitor | May 30, 2013

We have been following two federal court cases that involve challenges to Director Cordray’s appointment.  The California case, CFPB v. Chance Edward Gordon, was filed in summer 2012 by the CFPB against an attorney and his law firm alleging that the defendants duped consumers by falsely promising loan modifications in exchange for advance fees and, in reality, did little or nothing to help consumers.

Unsettled Settlements(?): The Effect of an Invalidated Recess Appointment On the CFPB Director’s Authority to Settle Proceedings

By | Payment Law Advisor | March 12, 2013

The constitutionality of President Obama’s recess appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau (“CFPB”) is being challenged in a lawsuit filed in the U.S. District Court for the District of Columbia this past June.

CFPB Files Another Motion to Dismiss in D.C. Case Challenging Cordray Appointment

By | CFPB Monitor | March 5, 2013

Because it includes a challenge to Director Cordray’s appointment, we continue to follow the case filed this past June in federal court in Washington, D.C. by State National Bank of Big Spring against the CFPB, the Department of Treasury, Richard Cordray, and a number of other federal officials. 

Request Filed to Add More State AG Plaintiffs in DC Case Challenging Director Cordray’s Appointment

By | CFPB Monitor | February 15, 2013

Another case we have been following that includes a challenge to Director Cordray’s appointment is the case filed this past June in federal court in Washington, D.C. by State National Bank of Big Spring against the CFPB, the Department of Treasury, Richard Cordray, and a number of other federal officials.