At the end of February, the Ninth Circuit issued its decision in Six v. IQ Data International, where it reversed a district court’s dismissal of an FDCPA claim for lack of standing. The plaintiff’s claim was based on a violation of 15 U.S.C. § 1692c(a)(2), which prohibits a debt collector from directly communicating with a […]
Author Archives: Adam Pulver
According to a Wall Street Journal article, recently confirmed OMB Chief has been named Acting Director of the CFPB, succeeding Treasury Secretary Bessent who had previously been designated to fill the role.- an ominous sign of things to come.
As the federal government as we know it is eliminated, it is good to see a positive pro-consumer opinion out of the Eleventh Circuit today. In Booze v. Ocwen Loan Servicing, the Court of Appeals considered a question that had divided district courts–whether the FDCPA prohibits loan servicers from collecting “pay-to-pay” or “convenience” fees for the […]
As Jeff noted, Treasury Secretary Bessent is now serving as Acting Director of the CFPB. Bloomberg Law reports he has directed Bureau staff to “stop all rulemaking, communications, litigation, and other activities” unless required by law. The Fifth Circuit was scheduled to hear arguments today on industry’s wide-ranging challenge to the agency’s regulation of credit […]
As expected, President Trump has fired CFPB Director Rohit Chopra. At this time, a replacement has not been named. Public Citizen’s press release is available here.
The US airline industry challenged DOT rules issued by the last administration that required airlines to disclose certain fees upfront when potential customers search for itineraries, The petitions for review included both constitutional and statutory challenges, as well as procedural challenges. A motions panel of the Fifth Circuit had stayed the Rule, and today, the […]
Four former servicemembers brought a putative class action against Citibank, alleging that it was violating the Servicemembers Civil Relief Act (SCRA) by charging certain interest rates on their credit card balances. Citibank moved to compel arbitration pursuant to the terms of the relevant credit card account agreements, but the district court denied the motion, citing […]
Yesterday, over a dissent, the Fifth Circuit vacated the FTC’s CARS rule, which protected consumers from unfair and deceptive practices by car dealers. While the challengers lobbed many wide-ranging arguments that called into question the FTC’s authority broadly, the Fifth Circuit based its ruling solely on the agency’s failure to issue an Advanced Notice of […]
As we await agency reversals on pro-consumer positions, a decision today from the Eleventh Circuit reminds us that many pro-consumer rules may be eliminated without the Administration doing anything. In 2023, the FCC issued a rule defining the term “prior express consent” as used in the TCPA, and providing that a consumer’s consent to a […]
Yesterday, Jeff posted that Rohit Chopra has indicated he will stay on as CFPB Director until he is asked to leave. Today, an article in the American Prospect reveals that the Administration is having difficulty finding a replacement for Chopra, even on an Acting basis.