Challenging The CFPB After CFPB v. CFSA

On May 16, 2024, the United States Supreme Court issued its long-awaited opinion in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., holding that the CFPB’s unique funding mechanism does not violate the Appropriations Clause of the Constitution. The 7-2 opinion resolves an important constitutional question and, for the moment, is a green light for the CFPB’s enforcement and regulatory activities. However, there remain opportunities to challenge widespread over-reach by the agency.
CFPB v. […]

By | May 23rd, 2024 ||

California Supreme Court Confirms The “Knowing And Intentional” Standard Of California’s Wage Statement Law Requires A “Knowing And Intentional” Violation

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid wages, or any other required information on a wage statement, if the employer reasonably believed that it was providing a complete accurate wage statement.
Naranjo’s Odyssey
Naranjo was filed as a class action approximately fifteen years ago, and has navigated through the California […]

By | May 20th, 2024 ||

California Court Of Appeals Rules CPPA Can Start Enforcing Regulations

California’s Third District Court of Appeals recently ruled that the California Privacy Protection Agency (CPPA) may begin enforcing its finalized data privacy regulations immediately, overturning the lower court’s prior ruling that delayed enforcement.

The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), tasks the CPPA with promulgating regulations by July 1, 2022, and permits the CPPA to enforce such regulations beginning July 1, 2023. The CPPA failed to finalize the […]

By | February 28th, 2024 ||