Keeping Shakespeare in the Public Domain

I wish that subject line were a joke. When Julien Coallier sent a series of DMCA takedown requests contending that various print publications of Shakespeare’s plays, and YouTube videos of performances of those plays, infringed his purported copyright in those works, it should have been treated as a bad joke. After all, Shakespeare’s plays were […]

Limits to what the CFPB pause can lawfully stop

The Consumer Financial Protection Act, the CFPB’s organic statute, requires the Bureau to do certain things. For example, 12 U.S.C. § 5514(b)(1) provides that “The Bureau shall require reports and conduct examinations on a periodic basis (emphasis added).” I don’t see how the pause could lawfully affect periodic supervision, then, and my understanding of the memo […]

Politico reports Congress may “reform” the CFPB’s funding through a reconciliation bill

Here (behind paywall). Indeed, according to the article, “House Financial Services Chair French Hill said Monday that reforming the CFPB’s funding structure remains “the principal focus” of his committee’s efforts to attach legislation to a GOP reconciliation package.” The Senate would not normally be able to change the CFPB’s funding without getting votes from Democrats because […]

What is happening at the CFPB during the pause? How long will the pause last? Who is actually running the CFPB?

I hope some enterprising reporters are asking these questions. As for who is running the CFPB, the likelihood is that Treasury Secretary Bessent is too busy with other responsibilities to devote much attention to the Bureau and so has delegated a lot there. If so, it would be useful to know to whom.

Eleventh Circuit Finds Convenience Fees Violate FDCPA

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 […]

Fallout from the CFPB’s “pause”

As Adam reported yesterday, the CFPB has gone dark. One place this is playing out is the courts. Yesterday, the Fifth Circuit was scheduled to hear two oral arguments. In one, Chamber of Commerce v. CFPB, which raises the issue of whether discrimination is unfair within the meaning of the CFPB’s UDAAP statute (disclosure: I […]

CFPB goes dark

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 […]