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This decision affirms the CFPB's judgment against CashCall under 12 U.S.C. § 5536(a)(1)(B) which prohibits unfair, deceptive or abusive acts or practices in consumer finance.  CashCall made loans to consumers at rates that were usurious under the laws of the states where they resided, attempting to circumvent those laws by a choice of Indian tribal law in its loan agreements. … Read More

The CFPB's structure with a single director not subject to removal by the President except for cause is unconstitutional, violating the separation of powers principle and interfering with the President's authority to execute the laws of the land.  The remedy is to sever the povision barring removal without cause and allow the President to fire the CFPB director with or… Read More

Though Cordray’s initial recess appointment to head the CFPB was invalid, his later regular appointment was proper and his later ratification of acts taken during the recess appointment period is sufficient to validate acts the CFPB took during that period.  Read More