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
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All American Check Cashing files supplemental en banc brief with Fifth Circuit
By Alan S. Kaplinsky on
Posted in CFPB, Regulatory and Enforcement
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,…
Update on RD Legal Funding and All American Check Cashing
By Alan S. Kaplinsky on
Posted in CFPB, Regulatory and Enforcement
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…
Fifth Circuit, on its own motion, orders rehearing en banc in All American Check Cashing
By Alan S. Kaplinsky on
Posted in CFPB, Regulatory and Enforcement
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…
CFPB files opposition to All American Check Cashing’s cert petition; All American replies
By Alan S. Kaplinsky on
Posted in CFPB Enforcement, Regulatory and Enforcement
Although the CFPB now agrees that its structure is unconstitutional, it has filed a brief opposing the Petition for a Writ of Certiorari Before Judgment filed by All American Check Cashing with the U.S. Supreme Court. All American’s interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality is still pending before the Fifth…
Fifth Circuit clarifies scope of Dec. 4 oral argument in All American Check Cashing
By Alan S. Kaplinsky on
Posted in Regulatory and Enforcement
With the Fifth Circuit having already heard oral argument in March 2019 in All American Check Cashing’s interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality, it is not surprising that All American and the CFPB submitted a joint letter to the court requesting “clarification regarding the scope of the issues to be…
Fifth Circuit sets Dec. 4 oral argument date in All American Check Cashing
By Alan S. Kaplinsky on
Posted in Regulatory and Enforcement
All American Check Cashing’s interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality has been calendared for oral argument before a Fifth Circuit panel on December 4, 2019. Since the case was previously argued in March 2019, it is unclear why a second oral argument has been scheduled. Last month, the parties were…
All American Check Cashing and CFPB submit letter briefs to Fifth Circuit
By Alan S. Kaplinsky on
Posted in Regulatory and Enforcement
All American Check Cashing and the CFPB have submitted letter briefs to the Fifth Circuit regarding what action the court should take in light of the en banc Fifth Circuit’s decision in Collins v. Mnuchin that held the FHFA’s structure is unconstitutional.
In March 2019, a Fifth Circuit panel heard oral argument in All American’s…
House of Representatives seeks leave from SCOTUS to file amicus brief in Seila Law; Seila Law files reply brief with SCOTUS
By Alan S. Kaplinsky on
Posted in Regulatory and Enforcement
House amicus brief. The House of Representatives has filed a motion seeking leave to file an amicus brief in support of the Ninth Circuit’s decision in Seila Law. While acknowledging that the deadline for filing amicus briefs has passed, the House notes that a timely amicus brief would have been due the day…
Fifth Circuit panel in All American Check Cashing asks parties to brief impact of en banc Fifth Circuit decision holding FHFA structure unconstitutional
By Alan S. Kaplinsky on
Posted in Regulatory and Enforcement
The issue of the CFPB’s constitutionality is currently before the Fifth Circuit in the interlocutory appeal of All American Check Cashing from the district court’s ruling upholding the CFPB’s constitutionality. Oral argument was held in March 2019 and no decision has yet been issued.
At oral argument, the panel asked the parties whether it should…