DC Circuit denies motions to intervene in PHH

DC Circuit denies motions to interveneOn February 2, 2017, the DC Circuit issued a per curiam order denying the three motions to intervene that were filed in the PHH case.

Here is a timeline of recent filings in the case:

January 23, 2017: The Democratic Attorneys General of 16 states and the District of Columbia filed a motion seeking to intervene in the case.

January 26, 2017: Democratic lawmakers Senator Sherrod Brown and Representative Maxine

PHH motion for leave to file supplemental response granted


On January 13, the DC Circuit entered an order granting PHH’s motion for leave to file a supplemental response to the CFPB’s petition for rehearing en banc.

On November 18, 2016, the CFPB filed its petition for rehearing en banc. PHH and the United States filed their respective responses on December 22. In addition to filing its response, PHH also filed a motion for leave to file a supplemental response seeking an opportunity to be heard on “the United States’ newly expressed views” and to “address fully the Government’s 30 total pages of internally inconsistent arguments supporting rehearing en banc.” 

Court denies request to consolidate CFPB constitutionality challenge with PHH

State National Bank of Big SpringThe DC federal district court has denied the request of the plaintiffs in State National Bank of Big Spring, Texas, et al. v. Lew, et al. to consolidate their case with PHH on appeal to the DC Circuit.

In July 2016, the DC federal district court issued a memorandum opinion rejecting the plaintiffs’ claim that Director Cordray’s recess appointment was unconstitutional and therefore invalidated his actions as head of the CFPB. The district court deferred ruling on the plaintiffs’ attack on the CFPB on separation-of-powers grounds pending a decision by the DC Circuit in PHH. 

Online payday lender settles with Florida AG for $28 million

CashCall settlement with Florida AGOn January 12, the Florida Attorney General’s Office announced it had “coordinated settlements with the operators of an online lending scheme.” According to the Florida AG’s press release, the companies involved in the alleged scheme include Western Sky Financial, LLC, CashCall, Inc., WS Funding, LLC, Delbert Services Corporation and John Paul Reddam, the President, CEO and owner of CashCall.