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Community Financial Services Association of America, Limited v. Consumer Financial Protection Bureau

Petition for certiorari denied on February 27, 2023
Docket No. Op. Below Argument Opinion Vote Author Term
22-663 5th Cir. N/A N/A N/A N/A OT 2022

Issues: (1) Whether a Consumer Financial Protection Bureau rule, which prohibits a covered lender from continuing to make preauthorized attempts to withdraw loan repayments from a consumer’s bank account after two consecutive attempts are denied for insufficient funds, should be vacated because it was promulgated by CFPB Director Richard Cordray while shielded from removal by President Donald Trump under a statutory provision this court later held is unconstitutional; and (2) whether the rule should be vacated because the prohibited conduct falls outside the statutory definition of unfair or abusive conduct.

DateProceedings and Orders (key to color coding)
Jan 13 2023Petition for a writ of certiorari filed. (Response due February 17, 2023)
Jan 25 2023Brief amicus curiae of Third Party Payment Processors Association filed.
Jan 25 2023Brief of respondents Consumer Financial Protection Bureau, et al. in opposition filed.
Jan 26 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Feb 01 2023DISTRIBUTED for Conference of 2/17/2023.
Feb 01 2023Reply of petitioners Community Financial Services Association of America, Limited, et al. filed. (Distributed)
Feb 21 2023DISTRIBUTED for Conference of 2/24/2023.
Feb 27 2023Petition DENIED.