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
all american check cashing
SCOTUS decision on FHFA’s constitutionality could provide support for validity of pre-Seila Law CFPB actions
In its decision earlier this week in Collins v. Yellin (previously captioned Collins v. Mnuchin), the U.S. Supreme Court, relying on its decision in Seila Law, held that the Federal Housing Finance Agency’s structure is unconstitutional because the Housing and Economic Recovery Act of 2008 only allows the President to remove the…
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…
Fifth Circuit rules CFPB’s structure is constitutional
On Tuesday March 3, the same day that the U.S. Supreme Court heard oral argument in Seila Law, the Fifth Circuit, in a 2-1 decision, ruled in All American Check Cashing that the CFPB’s structure is constitutional.
In the underlying case, All American Check Cashing moved to dismiss a CFPB enforcement action filed against…
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…
Fifth Circuit hears oral argument in All American Check Cashing
On March 12, the U.S. Court of Appeals for the Fifth Circuit heard oral argument in All American Check Cashing’s interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality.
All American Check Cashing and the other appellants sought the interlocutory appeal after the district court denied their motion for judgment on the pleadings…
All American Check Cashing files reply brief in Fifth Circuit interlocutory appeal
All American Check Cashing has filed its reply brief in its interlocutory appeal to the U.S. Court of Appeals for the Fifth Circuit from the district court’s ruling upholding the CFPB’s constitutionality.
All American and the other appellants sought the interlocutory appeal after the district court denied their motion for judgment on the pleadings in…
CFPB files opposition brief in Fifth Circuit interlocutory appeal of All American Check Cashing
The CFPB has filed its opposition brief in the interlocutory appeal of All American Check Cashing to the U.S. Court of Appeals for the Fifth Circuit from the district court’s ruling upholding the CFPB’s constitutionality.
All American Check Cashing and the other appellants sought the interlocutory appeal after the district court denied their motion for…
Petition for certiorari filed by State National Bank of Big Spring raising constitutional challenge to CFPB
A petition for certiorari was filed in the U.S. Supreme Court late last week by State National Bank of Big Spring (SNB) which, together with two D.C. area non-profit organizations that also joined in the petition, had brought one of the first lawsuits challenging the CFPB’s constitutionality.
Originally filed in 2012 in D.C. federal district…