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Justices Will Hear Major Challenge to Independence of CFPB
The U.S. Supreme Court agreed on Friday to decide the constitutionality of the single-director structure of the Consumer Financial Protection Bureau, an agency long criticized by the business community and Republican leaders on Capitol Hill, Law.com reported. The challenge to the independent federal agency created by Congress in the 2010 Dodd-Frank Wall Street reform law was brought by California-based Seila Law, which provides legal services to consumers, including assistance with the resolution of consumer debt. Seila Law is represented by Kannon Shanmugam, a partner at Paul, Weiss, Rifkind, Wharton & Garrison. The CFPB issued a civil investigative demand seeking information and documents from the law firm in an investigation into whether it violated certain federal laws. Seila objected to the demand, claiming that the agency was unconstitutionally structured. The CFPB petitioned a federal district court for enforcement, which was granted. The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s ruling that the agency’s structure did not violate the separation of powers. In his petition, Shanmugam argued that the CFPB director alone decides what rules to issue, how to enforce the law and what penalties to impose on those who violate the law.

CFPB Settlements Reach Four-Year High
Consumers harmed by financial firms got back $777 million through actions by the Consumer Financial Protection Bureau during the last fiscal year, the largest amount in four years, the Wall Street Journal reported. The amount included settlements of a few significant long-pending investigations, which were among the 22 enforcement cases the CFPB announced during the fiscal year ended Sept. 30, the agency said. That represented an uptick from 12 cases and $344 million in restitution in the previous fiscal year, during which the Trump administration curbed the activities of the CFPB. The trend came as CFPB Director Kathy Kraninger approached her first year on the job amid criticism from Democrats that the bureau has been too friendly to the financial industry. Kraninger, a career government worker, took over the CFPB in December 2018 from Mick Mulvaney, who now serves as President Trump’s acting chief-of-staff. Many of the large cases settled last year were started by Obama-era officials before President Trump installed Mick Mulvaney as acting director in November 2017. Among them was a July settlement with Equifax Inc. over its 2017 data breach, which resulted in the credit reporting company’s pledge to return $425 million to consumers. The bureau’s settlements with ITT Education Services Inc., a now defunct for-profit college, and CU Connect CUSO LLC, a lender that targeted its students, were a result of an investigation initiated in 2014. The two agreements brought a combined $228 million in loan forgiveness.

H.R. 4627, the "Student Borrower Advocate Act"
S. 2516, the "Stop Debt Collection Abuse Act of 2019"
To amend the Fair Debt Collection Practices Act to restrict the debt collection practices of certain debt collectors.
H.R. 4403, the "Stop Debt Collection Abuse Act of 2019"
To amend the Fair Debt Collection Practices Act to restrict the debt collection practices of certain debt collectors.
Bankruptcy Bills Await President's Signature
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House Financial Services Hearing Today to Examine Legislation to Protect Consumers and Small Business Owners from Abusive Debt Collection Practices
The House Financial Services Committee will hold a hearing today at 10 a.m. EDT titled "Examining Legislation to Protect Consumers and Small Business Owners from Abusive Debt Collection Practices." Prof. Dalié Jiménez of the University of California, Irvine School of Law, and member of ABI's Consumer Bankruptcy Commission is among the witnesses scheduled to testify. Other witnesses include:
• Rev. Dr. Cassandra Gould, Pastor, Quinn Chapel A.M.E. Church (Jefferson City, MO) and Executive Director, Missouri Faith Voices
• Bhairavi Desai, Executive Director, New York Taxi Workers Alliance
• April Kuehnhoff, Staff Attorney, National Consumer Law Center
• Sarah Auchterlonie, Shareholder, Brownstein Hyatt Farber Schreck
Click here for more information, including the Committee Memorandum, legislation to be considered and a link to access the live webcast of the hearing.

CFPB Files Suit Against Fair Collections & Outsourcing
The Consumer Financial Protection Bureau (CFPB) yesterday filed a lawsuit in the federal district court in the District of Maryland against FCO Holding, Inc. and its subsidiaries, Fair Collections & Outsourcing, Inc., Fair Collections & Outsourcing of New England, Inc., and FCO Worldwide, Inc., according to a CFPB press release. The entities are Maryland-based debt collectors that operate collectively under the name Fair Collections & Outsourcing and FCO. Also named in the Bureau’s lawsuit is Michael E. Sobota, the chief executive officer, president, director, and owner of FCO Holding, Inc. The Bureau’s complaint alleges that FCO violated the Fair Credit Reporting Act, Regulation V and the Consumer Financial Protection Act.