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Showing 3 posts in Constitutional Claims.

SCOTUS Holds CFPB's Single Director Structure Unconstitutional, Leaves Open Questions on Existing Bureau Matters

Earlier today, the United States Supreme Court issued a two part decision in Seila Law LLC v. Consumer Financial Protection Bureau. The Court first decided, in a 5-4 decision with Chief Justice Roberts authoring the Court's opinion, that the CFPB's leadership by a single Director removable only for inefficiency, neglect, or malfeasance violates the separation of powers doctrine. The Court next decided that the Director's unconstitutional removal protection is severable from the other provisions of Dodd-Frank that establish the CFPB and define its authority. The severability holding was also authored by Roberts, but drew a 7-2 split. More ›

Federal Court Nixes Massachusetts Attorney General's Emergency Debt Collection Regulations

Yesterday, a federal court granted ACA International's request for a temporary restraining order of the Massachusetts Attorney General's emergency regulations prohibiting debt collection calls and enforcement actions during the COVID-19 pandemic.

District Court Judge Richard G. Stearns concluded that the AG's "flat ban" on debt collection calls violates the First Amendment as an impermissible restriction on commercial speech. In addition, Judge Stearns held that regulations prohibiting the initiation of lawsuits—even temporarily—violates the First Amendment right of debt collectors' to petition the government. More ›

Federal Court Hears Oral Argument in ACA's TRO Petition Seeking to Enjoin Massachusetts's Emergency Debt Collection Regulations

On May 1, 2020, U.S. District Court for the District of Massachusetts Judge Richard Stearns heard oral arguments in ACA International's suit to halt the emergency debt collection regulations enacted in Massachusetts, which included a request for a temporary restraining order. In response to ACA's said request, Stearns expressed particular interest in whether the regulations constitute an improper ban on commercial speech under the First Amendment, as well as AG Maura Healey's argument that the federal court does not have jurisdiction to strike down the regulations under the Eleventh Amendment. More ›

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