Tag Archives: Fifth Circuit

Amicus Brief: Chamber of Commerce v. CFPB Amicus Brief filed

Americans for Financial Reform recently joined several consumer protection organizations in an amicus brief in Chamber of Commerce v. CFPB, which was filed by Democracy Forward in the 5th Circuit in August 2024. This brief supports the CFPB’s 2022 clarification in its Supervision and Examination Manual that “discriminatory acts or practices” in the provision of financial services may be “unfair” under the Dodd-Frank Act. The brief asks the 5th Circuit to reverse the judgment of the district court, and hold that the CFPB has statutory authority to consider discriminatory conduct an “unfair” practice.

News Release: Supreme Court Expands Power of Right-Wing Judges to Hamper Regulation

Today’s Supreme Court ruling in Loper Bright Enterprises v. Raimondo will give judges who are already concocting ridiculous reasons to strike down sensible protections, particularly in the notoriously pro-industry Fifth Circuit, greater leeway to strike down common-sense measures that protect people and communities. With Loper Bright in hand, judges are required to “exercise their independent judgment” when deciding whether an agency has acted within its statutory authority, even if judges lack the necessary expertise, and even if that judge might prefer deference to agency decisions. 

News Release: Supreme Court’s Ruling Against In-House Judicial Experts Threatens Enforcement

Today’s ruling by the Supreme Court curbing the Securities and Exchange Commission’s (SEC) ability to hear complicated cases in front of expert administrative judges will drive litigation into the federal courts where companies and lobbyists will be able to, as they increasingly do, shop around for a pro-industry judge. Today’s 6-3 Supreme Court ruling in SEC v. Jarkesy now gives businesses and wrongdoers more Constitutional rights than most consumers and employees in America and sets a bad precedent by chipping away at an agency’s ability to meaningfully hold corporations accountable.

News Release: Fifth Circuit’s Wall Street-Friendly Ruling A Broad Threat to SEC Disclosure Rules

By staying the private fund disclosure rule written by the Securities and Exchange Commission, the Fifth Circuit has given a victory to extraordinarily wealthy predatory financiers and opened the door to undermining the agency’s basic regulatory tools. Stopping the SEC’s private funds rule, which would increase transparency and accountability in the multi-trillion-dollar private funds market, is a terrible outcome in and of itself. But the impacts of this ruling go much further.

sign for the CFPB outside a building

News Release: Stay of CFPB Late Fees Rule Denies Consumers Needed Protection

The decision by a federal judge in the Fifth Circuit to stay a rule capping credit card late fees is a blow not only to consumers but to the rule of law as right-wing jurists resort to increasingly extreme measures to block sensible regulation. The Consumer Financial Protection Bureau on March 5 finalized a regulation that caps credit card late fees at $8 in most cases, down from a typical $32. The rule is expected to save consumers about $10 billion each year, an average savings of $220 per year for the more than 45 million people who are charged late fees. The rule only applies to the largest credit card issuers, and was to have taken effect May 14.