Court Resolves FOIA Fight in Favor of BCFP

The United States District Court for the District of Columbia has resolved a two-and-a-half-year battle over whether the Bureau of Consumer Financial Protection must release, under the Freedom of Information Act, documents related to the Bureau’s enforcement action against—and eventual consent order with—Portfolio Recovery Associates (PRA). In Frank LLP v. Consumer Fin. Prot. Bureau, in…

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CFPB Annual FDCPA Report – An Introduction

The Consumer Financial Protection Bureau issued its annual report to Congress on the Fair Debt Collection Practices Act.  As always, this report mixed a healthy dose of natural, self-congratulatory rhetoric with significant insights to the state of the industry and the regulatory environment.  While future posts will address specific issues raised by the report,   the…

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Another Court Rejects Rulemaking-by-Enforcement Action Attack on BCFP

On August 3, 2018, a federal district judge rejected the defendants’ motion to dismiss in Consumer Fin. Prot. Bureau v. Think Fin., LLC.  The motion, which was supported by a joint amicus curiae brief from The Native American Financial Services Association and the State of Oklahoma, asserted multiple grounds for dismissal, including: that the structure…

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