3 District Court Decisions Highlight Limits To CFPB Claims

Law360, New York (October 11, 2017, 12:41 PM EDT) -- After a summer featuring two significant losses,[1] the Consumer Financial Protection Bureau began the fall of 2017 with a mixed record before the federal courts. In three separate cases, the CFPB obtained split decisions, affirming some and rejecting other claims brought by the agency. Although none of the opinions resulted in an outright dismissal, the courts in these matters did limit claims, dismiss certain parties or counts, and curtail available remedies.

Notably, one court recently refused to allow the CFPB to pursue deception and abusiveness claims for conduct prior to the July 21, 2011, passage of the Dodd-Frank Wall Street Reform...

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