The CFPB and All American Check Cashing have agreed to a settlement in the CFPB’s enforcement action filed against All American in 2016 for alleged violations of the CFPA’s UDAAP prohibition in connection with check cashing services and small dollar loans offered by All American. The settlement comes less than a month after a Fifth Circuit panel ruled in Community Financial Services Association v.… Continue Reading
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Settlement discussions to continue in All American Check Cashing
The magistrate judge assigned to hold a settlement conference in All American Check Cashing has issued an order stating that the matter did not settle at the settlement conference conducted on September 7. The order also states that the court will notice a telephonic conference to continue settlement discussions.
The case was remanded to the district court by the en banc Fifth Circuit, which ruled that the CFPB’s enforcement action against All American Check Cashing could proceed despite the unconstitutionality of the CFPB’s single-director-removable-only-for-cause-structure at the time the enforcement action was filed. … Continue Reading
CFPB and All American Check Cashing agree to settlement conference
The CFPB and All American Check Cashing have filed a status report with the Mississippi federal district court indicating that they have agreed to a settlement conference before a magistrate judge.
The case was remanded to the district court by the en banc Fifth Circuit, which ruled that the CFPB’s enforcement action against All American could proceed despite the unconstitutionality of the CFPB’s single-director-removable-only-for-cause-structure at the time the enforcement action was filed. … Continue Reading
En banc Fifth Circuit rules CFPB enforcement action can proceed against All American Check Cashing but concurring opinion creates potential for further constitutional challenge based on CFPB’s funding mechanism
The en banc U.S. Court of Appeals for the Fifth Circuit has ruled that the CFPB’s enforcement action against All American Check Cashing can proceed despite the unconstitutionality of the CFPB’s single-director-removable-only-for-cause-structure at the time the enforcement action was filed. However, in a concurring opinion, five judges expressed their agreement with All American’s argument that the unconstitutionality of the CFPB’s funding mechanism requires dismissal of the enforcement action.… Continue Reading
CFPB files supplemental briefs in Seila Law and All American Check Cashing
Last week, the CFPB filed its supplemental brief with the Ninth Circuit in Seila Law and its supplemental en banc brief with the Fifth Circuit in All American Check Cashing. The CFPB argues in both briefs that ratification of its actions by both former Acting Director Mulvaney and Director Kraninger cured any initial constitutional deficiency.… Continue Reading
All American Check Cashing files supplemental en banc brief with Fifth Circuit
In March 2020, the Fifth Circuit, on its own motion, entered an order vacating the panel’s ruling in All American Check Cashing that the CFPB’s structure was constitutional and granting rehearing en banc. On June 30, the Fifth Circuit tentatively calendared the case for en banc oral argument during the week of September 21, 2020 and ordered the parties to file supplemental briefs. … Continue Reading
CFPB files ratification with Fifth Circuit in All American Check Cashing
This past Friday, the CFPB filed a declaration with the Fifth Circuit in which Director Kraninger stated that she has ratified the Bureau’s enforcement action against All American Check Cashing.
On July 10, the CFPB filed a similar declaration with the Second Circuit in RD Legal Funding, another circuit court case involving a challenge to the Bureau’s constitutionality that was put “on hold” pending the Supreme Court’s decision in Seila Law. … Continue Reading
Update on RD Legal Funding and All American Check Cashing
With the U.S. Supreme Court having ruled in Seila Law that the CFPB’s leadership structure is unconstitutional, two circuit court cases involving the same constitutional challenge that were “on hold” pending the Supreme Court’s decision will now be moving forward. The two cases are RD Legal Funding pending in the Second Circuit and All American Check Cashing pending in the Fifth Circuit.… Continue Reading
Fifth Circuit, on its own motion, orders rehearing en banc in All American Check Cashing
This past Friday, March 20, the Fifth Circuit entered an order granting rehearing en banc in All American Check Cashing. The Fifth Circuit also vacated the 2-1 panel decision issued on March 3 (the same day that the U.S. Supreme Court heard oral argument in Seila Law) that ruled that the CFPB’s structure is constitutional.… Continue Reading
SCOTUS denies certiorari petition filed by All American Check Cashing
The U.S. Supreme Court has denied the Petition for a Writ of Certiorari Before Judgment filed by All American Check Cashing.
In its petition, All American sought to have the Supreme Court hear its interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality rather than wait for a ruling on its appeal from the Fifth Circuit. … Continue Reading