Publications

In a recent case, the United States District Court for the District of Connecticut granted a motion to dismiss, finding that the Defendant had no obligation to provide disclosures under the Truth in Lending Act during a loan pre-approval process.

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

On April 29, 2025, the U.S. Supreme Court heard oral arguments in Labcorp v. Davis et al to determine whether certification is appropriate in a class action when certain class members may have not suffered a cognizable injury under Article III of the U.S. Constitution.

Open banking has been lauded by many as an accelerant for innovation in financial services. But a lawsuit is challenging the new rules of the road for open banking and has thrown ice on the prospect of a regulated market.

Plaintiff brought action in the United States District Court for the Northern District of Georgia after being terminated by Defendant without receiving pre-adverse notice, in violation of the Fair Credit Reporting Act (FCRA).

On March 31, 2025, the Western District of New York dismissed a pro se plaintiff’s Truth-in-Lending Act (TILA) claim as being time-barred.

The legal profession has long upheld a duty to maintain ethical integrity, ensuring that attorneys act within the boundaries of professional responsibility while zealously representing their clients.

A federal Judge for the United States District Court for the District of Arizona recently granted in part and denied in part a consumer reporting agency’s motion for summary judgment, with respect to claims raised by the plaintiff under the FCRA.

This short note focuses on the #1 reason to register your trademark, namely, acquiring a Certificate of Registration on the Principal Register.

In a case that has profound implications for the regulated community, particularly in the realms of environmental justice, civil rights, and land use planning, the U.S. Fifth Circuit Court of Appeals has permitted plaintiffs to move forward in a claim that land use policies and industrial siting decisions adversely affected the minority community.

The U.S. 5th Circuit Court of Appeals gave a big win to the EPA when it upheld a Biden-era ozone ruling affecting Louisiana and Texas, but there was also a set-back for the EPA when the Court both upheld the ability of such cases to be brought outside the D.C. Circuit, and reversed the EPA’s rejection of a Mississippi air quality plan.

In an unprecedented move, the Trump administration established an electronic mailbox to allow the regulated community to request a Presidential Exemption to certain requirements of the Clean Air Act (CAA).

In a lengthy decision that highlighted the CFPB’s very public efforts to dismantle the CFPB from within, the District Court for the District of Columbia granted a motion for preliminary injunction designed to preserve the CFPB pending litigation on the merits with the National Treasury Employees Union (NTEU). The Government has already appealed, seeking an emergency stay of the district court’s order.

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

One of Donald Trump’s most controversial campaign promises was his proposal to eliminate the U.S. Department of Education (Department) and, in his words, send “education back to the states.”

The Ninth Circuit Court of Appeals affirmed a district court’s decision to deny the plaintiff’s motion to compel arbitration, finding that the plaintiff was not an “aggrieved” party within the meaning of the FAA because the defendant did not refuse to arbitrate.

Recently, the District Court in the District of Colombia rejected a company’s attempt to preliminary enjoin more than 1,000 customers from proceeding to arbitrate claims in California.

On March 11, 2025, the New York County Civil Court issued an injunction under the NYFCRA barring a landlord from reporting to the credit reporting agencies the withheld rent payments, notwithstanding the court’s lack of jurisdiction to award injunctive relief.

Right on schedule, on March 21, 2025, FinCEN issued an Interim Final Rule that exempts U.S. companies and persons from the requirement to report, modify, or correct beneficial ownership information (BOI) under the Corporate Transparency Act (CTA).

The Eastern District of Virginia granted summary judgment in a putative class action alleging violations of fair debt collection provisions of the West Virginia Consumer Credit and Protection Act.

A recent case demonstrates the difficulty of deciding a lemon law claim on summary judgment.

Member Robert Savoie (Cleveland) authored an article on the Depository Institutions and Monetary Control Act (DIDMCA) in the age of true lender legislation and opt-outs in the Conference on Consumer Finance Law (CCFL) Quarterly Report, Volume 78, No. 1.

A hearing on the merits of the NTEU's request for a preliminary injunction seemed to evidence doubt that anticipated cuts to CFPB staff and continued freeze on operations were possible while the Bureau maintained statutorily required duties.

On March 4, 2025, the United States Supreme Court issued a ruling centered on the scope of the National Pollutant Discharge Elimination System (NPDES), a key component of the CWA that prohibits pollutant discharges into regulated waters without a permit.

On January 25, President Trump fired Jennifer Abruzzo, the previous NLRB General Counsel, in favor of William Cohen, a former NLRB board member. Cohen wasted no time in setting forth his potential policies.

It used to be so easy to keep track of employees' work time. Employees arrived at work and clocked in and they clocked out at lunch and at the end of the day. Why it is so difficult now? Enter the world of smartphones, computers and other modern technology: where everyone is connected all the time.

The U.S. Department of Treasury has suspended all penalties and fines for beneficial ownership information (BOI) reporting under the Corporate Transparency Act (CTA) for U.S. citizens and domestic reporting companies.

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

Since the beginning of 2025, sixteen states have proposed legislation to regulate earned wage access.

On March 7, 2025, the Office of the Comptroller of the Currency (“OCC”) published a new Interpretive Letter 1183 that reaffirms a range of cryptocurrency activities are permissible in the federal banking system.

On Sunday, March 2, 2025, the U.S. Department of Treasury announced, with respect to the Corporate Transparency Act (CTA), that it will not enforce penalties or fines for beneficial ownership information (BOI) reporting failures by U.S. citizens or domestic reporting companies.

A rapid transformation in consumer finance is being brought about by open banking—a pivotal innovation that allows consumers to give third parties real-time access to their detailed financial data.

With an across-the-board freeze on all rulemaking, enforcement, and supervisory activities, and a potential mass lay-off in the works, the CFPB continues to make news. Here’s a recap of all that happened this past week at the Bureau.

On February 27, 2025, FinCEN announced “it will not issue any fines or penalties or take any other enforcement actions against companies based on any failure to file or update beneficial ownership information (BOI) reports pursuant to the Corporate Transparency Act by the current deadlines . . . until a forthcoming interim final rule becomes effective and new relevant due dates in the interim final rule have passed.”

The environmental insurance landscape is significantly influenced by the prevailing regulatory environment. Periods of environmental deregulation, characterized by the relaxation or removal of environmental protection laws and regulations, present unique challenges to both insurers and policyholders.

The District of Maryland rejected a plaintiff’s arguments that a debt collector’s verification of a debt in response to a letter refusing to pay, but disputing the debt, violated the cease communication directive under the FDCPA.

On January 20, 2025, the Trump administration reversed a policy. that restricted immigration actions in “sensitive locations” like schools, churches, and hospitals.

The Fifth Circuit’s Erie-guess in this case will likely provide further guidance for similarly situated parties in Mississippi.

Trump’s second term will likely bring continued and expanded EPA deregulation, prompting a corresponding surge in NGO citizen suits.

As the saga of on-again-off-again requirements continues to unfold, FinCEN's Beneficial Ownership Information Reporting requirements under the CTA have undergone significant changes due to recent legal developments.

On February 14, 2024, the Office for Civil Rights (OCR) within the Department of Education (DOE) issued a “Dear Colleague” letter threatening the federal funding of any academic institution that considers race in any manner of operation.

Various interested parties have started to fight back against the significant changes to the CFPB under the second Trump Administration, leading to a flurry of lawsuits and challenges to some of Acting Director Russ Vought’s orders.

While the impact of the new administration’s efforts can’t be fully appreciated at this time, many are asking: what will happen to the CFPB’s final 1033 rules?

The Fourth Circuit reversed a district court’s decision to deny a national bank’s motion to compel arbitration, finding that amendments to SCRA did not override the applicability of the FAA to arbitrate claims under the SCRA.

In a procedural decision, the U.S. Court of Appeals for the Fifth Circuit vacated the CARS Rule (officially, the Combatting Auto Retail Scams Trade Regulation Rule, sometimes known as the Vehicle Shopping Rule) which was designed by the Federal Trade Commission (FTC) to prevent deceptive practices by auto dealers, particularly in the sale of voluntary protection products (sometimes known as “add-ons” or “ancillary products”).

The CFPB is currently facing an existential crisis as the Trump Administration and DOGE work to dismantle large parts of the consumer watchdog. Here’s what has happened in the past forty-eight hours.

We’ve seen the President issue a number of executive orders in recent weeks. What is the precedent for these orders, particularly when it comes to governing the operations of federal contractors? What is the process for these orders to be implemented, and what can employers expect?

The regulatory landscape likely to characterize President Donald Trump’s second term may create important implications for conducting Environmental Protection Agency (EPA) compliance audits within the manufacturing sector.

In the span of a short forty-eight hours, the CFPB has faced possibly the greatest threat to its continued existence. What remains to be seen is what Congress does, if anything, to either protect the Bureau or dismantle it completely.

The order, titled Keeping Men Out of Women’s Sports, noted that it would be the policy of the United States to “rescind all funds from educational programs that deprived women and girls of fair athletic opportunities” and “oppose male competitive participation in women’s sports.” In effect, the order bans transgender women from competing in women’s sports at federally funded institutions.

On February 5, 2025, the United States filed a motion in the case of Samantha Smith, et al., v. United States Department of Treasury, et al., to stay the order of the Federal District Court for the Eastern District of Texas, Tyler Division, preliminary enjoining the enforcement of the CTA on a nationwide basis.

As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities, Non-Governmental Organizations (NGOs), and governmental entities, are increasingly filing lawsuits alleging personal injury, property damage, and environmental harm due to PFAS exposure.

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

Arsenis highlights just how strongly federal courts favor exercising concurrent jurisdiction with a related case pending in state court.

The Trump administration replaced CFPB Director Rohit Chopra over the weekend with Treasury Secretary Scott Bessent as Acting Director.

On January 24, 2025, the U.S. Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis, No. 24-304, and will attempt to resolve a circuit split regarding whether federal district courts can certify a class action under Rule 23(b)(3) of the Federal Rules of Civil Procedure if some members of the proposed class lack a cognizable injury under Article III. The Supreme Court’s decision in this matter may send shockwaves through the class action legal field and could alter how class action law is treated in the years to come.

Have you heard of “wearable technologies”? You may not have heard this term, but you are probably already using “wearables”: Fitbit, smartwatches, and more. Even police departments are using wearables to solve crime. These wearables allow their owners to monitor their activities throughout the day, their mental or physical condition, and many other metrics. But can employers use the same technology to monitor what employees are doing throughout the day, or use proximity sensors that warn of nearby hazards?

On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of federal agency legal interpretations. At issue before the Court was whether the Hobbs Act requires district courts to follow the Federal Communications Commission’s (FCC) interpretation that the Telephone Consumer Protection Act (TCPA) does not prohibit unsolicited advertisements via fax.

All employees have a right to engage in concerted activity under the National Labor Relations Act (NLRA)—often called “protected concerted activity (PCA)”—meaning that even in a non-union environment, an employer cannot retaliate when two or more employees are discussing the terms and conditions of their employment.

Due to growing awareness and diversity, equity, and inclusion policies (DEI) policies, the public has slowly begun to accept transgender individuals and those who do not identify as a man or a woman (non-binary). On his first day in office, President Trump issued an Executive Order (EO) that “[i]t is the policy of the United States to recognize two sexes, male and female” – effectively reversing the Biden administration’s policies on DEI and transgender rights. The EO only applies to federal agencies, but could the concept gain traction in a Republican Congress?

On January 23, 2025, the U.S. Supreme Court agreed that the Government is entitled to a stay of the universal injunction of the Corporate Transparency Act.

In an effort to embrace diversity and inclusion, many employers established Diversity, Equity, and Inclusion (DEI) programs. The look of these programs varied from company to company; however, many of the programs specifically tried to give an advantage to racial minorities or women to even the playing field in the workplace since they tend to be underrepresented in the workforce.

On January 17, 2025, the Environmental Protection Agency (EPA) and the Department of Justice (DOJ) announced a $9.5 million settlement with Stericycle, Inc. for Hazardous Waste Management Violations. The settlement resolves allegations that the company violated federal hazardous waste management regulations under the Resource Conservation and Recovery Act (RCRA). The $9.5 million civil penalty is one of the largest ever paid under the RCRA.

In a seminal opinion, the United States Supreme Court held that a case removed on federal question grounds is properly remanded when the plaintiff amends his or her complaint and dismisses the federal claims.

Often, in litigation between an owner and their homeowners association (HOA), there is a question regarding the nature and the extent of the duty owed by the HOA to an owner (or even to a tenant of an owner). The answer to such a question can be quite murky at times. However, a recent California Court of Appeal decision has offered some clarity.

In addition to the Corporate Transparency Act, which is currently stayed, the California State Legislature passed new laws that will impact common interest developments.

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.

On December 16, 2024, the United States District Court for the Eastern District of New York dismissed claims against a credit reporting agency for violations of the Fair Credit Reporting Act (FCRA) and joined the United States District Court for the Southern District of New York in holding that the insufficiency of a claim under the FCRA requires dismissal of a related claim under the New York Fair Credit Reporting Act (NYFCRA), whose prohibition on reporting of inaccurate information is “substantially similar” to the FCRA.

On December 4, 2024, the Appellate Division, Second Department affirmed the trial court’s retroactive application of the Foreclosure Abuse Prevention Act (FAPA) to dismiss the re-commenced foreclosure action as time-barred and rejected the mortgagee’s constitutional challenge thereto.

On December 11, 2024, the United States Court for the Eastern District of Pennsylvania Arizona dismissed a pro se litigant’s claims against Montgomery Community College (the College) for, inter alia, alleged violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, and the Fair Debt Collections Practice Act (FDCPA), 15 U.S.C. § 1692. The court ruled that the pro se plaintiff had failed to state plausible claims for relief under both the FCRA and FDCPA and dismissed the FDCPA claim with prejudice and the FCRA claim without prejudice.

With President-elect Donald Trump's election victory and upcoming inauguration, big changes appear likely for the Consumer Financial Protection Bureau in 2025.

The United States District Court for the District of Maryland granted a defendant’s motion for judgment on the pleadings in a case arising under the Fair Credit Reporting Act (FCRA) due to an alleged error regarding the misspelling of the plaintiff’s middle name in her credit report received from the defendant.

There is some comfort in knowing what policies may be enacted based on actions taken during the first Trump administration from 2016 to 2020. For employment lawyers, insight can also be gleaned by analyzing the developments from courts and federal agencies during the Biden administration.

In a rollercoaster of a ride, the merits panel of the U.S. Court of Appeals for the Fifth Circuit, on December 26, 2024, vacated the prior order of the Fifth Circuit’s motions panel staying the preliminary injunction enjoining enforcement of the Corporate Transparency Act.

The U.S. Court of Appeals for the Fifth Circuit on Dec. 23, 2024, issued an order lifting a prior ordered issued by a federal district court in the Eastern District of Texas granting a nationwide preliminary injunction that: (1) enjoined the CTA, including enforcement of that statute and regulations implementing its BOI reporting requirements, and (2) stayed all deadlines to comply with the CTA’s reporting requirements. 

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On December 12, 2024, the Court of Appeal of the State of California reversed a writ of mandate and agreed with the California Coastal Commission’s (CCC) denial of a permit by the Casa Mira Homeowners Association for coastal development of a seawall to protect the condominium complex.  

On December 4, 2024, the United States District Court for the Western District of New York, as a matter of first impression, denied pro se plaintiff’s motion to remand claims against a national bank for violations of the Telephone Consumer Protection Act (TCPA), which arose from calls allegedly received by plaintiff after he registered his cellular phone with the national “Do Not Call Registry”.

On December 12, 2024, the Appellate Division, Third Department affirmed the trial court’s retroactive application of the Foreclosure Abuse Prevention Act (FAPA) to dismiss a foreclosure action as time-barred even though it was timely recommenced under the pre-FAPA “savings statute,” CPLR § 205(a). The court also declined plaintiff’s constitutional challenge, which was not preserved for appellate review.

On December 9, 2024, the U.S. Environmental Protection Agency (EPA) issued a landmark rule banning trichloroethylene (TCE) and perchloroethylene (PERC), two widely used industrial solvents associated with significant health risks, including cancer and neurological damage. The ruling, finalized under the Toxic Substances Control Act (TSCA), marks a pivotal step in public health protection, impacting industriesMore

The Consumer Financial Protection Bureau (CFPB) recently finalized a rule that will subject the country’s most active digital wallets to ongoing supervision by the agency. Will the CFPB’s new supervisory authorities be a game changer, or is this action much ado about nothing?

The Federal Trade Commission (FTC) finalized its “Rule on Unfair or Deceptive Fees” (Junk Fees Rule) designed, the FTC noted, to prohibit bait-and-switch pricing and mandate clear and conspicuous price disclosures in the live-event ticketing and short-term lodging industries. While similar in nature to some of the junk fee rules finalized by the Consumer Financial Protection Bureau (CFPB), the FTC’s Final Rule targets industries outside of the CFPB’s authority and highlights the Biden Administration’s continued focus on all-things junk fees, even in the waning moments of the Biden presidency.

On December 6, 2024, federal courts in the United States Second Circuit issued a pair of decisions clarifying that borrowers must identify a concrete injury caused by the dissemination of inaccurate information to establish standing to assert claims for violations of the Fair Credit Reporting Act (FCRA).

On December 3, 2024, the Eastern District of Texas issued an order granting a nationwide preliminary injunction that (1) enjoins the CTA, including enforcement of that statute and regulations implementing its beneficial ownership information reporting requirements, and (2) stays all deadlines to comply with the CTA’s reporting requirements.

Join McGlinchey's Deep Dives series for an in-depth exploration of open banking, a transformative trend reshaping financial services.

The U.S. Environmental Protection Agency (EPA) proposed new standards on November 22, 2024, to significantly tighten nitrogen oxides’ (NOx) emission limits from fossil fuel-fired stationary combustion turbines. These proposed regulations, targeting new, modified, and reconstructed units, aim to address persistent ozone pollution and mitigate public health risks. EPA’s rationale, technical considerations, and projected impacts are not likely to withstand the challenges from industry.

On December 6, 2024, the United States District Court for the Northern District of Texas denied a motion by the Consumer Financial Protection Bureau (CFPB) to dissolve a preliminary injunction that had enjoined its Credit Card Late Fee Final Rule, finding that the various challengers to the rule were likely to succeed on the merits of their challenges.

At the beginning of 2024, Nevada began to require companies that service student loans to obtain a license and comply with numerous operational requirements. The law also regulates companies that make or hold private education loans.[1] After numerous rounds of proposed rulemaking, the Nevada Department of Financial Institutions (DFI) issued implementing regulations on November 15, 2024, that address the process to obtain and maintain a servicer license, seek approval to operate as a federal student loan servicer, create a new limited purpose exemption to the lender license, and establish new substantive regulations that apply to servicers and lenders.

On December 5, 2024, the DOJ, on behalf of the Department of the Treasury, filed a Notice of Appeal to the Fifth Circuit challenging the nationwide preliminary injunctive relief from compliance with the reporting obligations under the Corporate Transparency Act.

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 

A United States Magistrate Judge for the U.S. District Court for the Northern District of Georgia found that Plaintiff’s claim arising under the Fair Credit Reporting Act (FCRA) was not sufficiently alleged but stopped short of recommending a Defendant’s motion to dismiss be granted. Instead, it was recommended that the pro se plaintiff be directed to file an amended complaint describing in greater detail how the defendant acted willfully when accessing the Plaintiff’s consumer report.

On December 3, 2024, the U.S. District Court for the Eastern District of Texas entered into a nationwide preliminary injunction against the enforcement of the CTA and compliance with BOI reporting requirements to the U.S. Department of the Treasury's FinCEN.

A recent opinion from a federal court in North Carolina emphasizes how difficult it is to succeed on a motion to dismiss a lawsuit arising under the Fair Credit Reporting Act (FCRA). Rejecting a challenge to a plaintiff’s standing and the timeliness of the FCRA claims, the court denied the motion to dismiss and reminded the parties about their mediation obligations.

Recently, the Ninth Circuit Court of Appeals affirmed a district court’s decision finding a delegation clause in an arbitration agreement to be both procedurally and substantively unconscionable and, moreover, that California’s prohibition on class action waivers contained in adhesion contracts is not preempted by the Federal Arbitration Act (FAA).

CERCLA aims to facilitate cleanup and accountability in hazardous waste sites. Trump’s second term may influence environmental law enforcement, regulation, and judicial interpretation, potentially altering the application and robustness of the BFPP defense.

On November 14, 2024, the United States Court for the District of Arizona dismissed a pro se litigant’s claims against Sun West Mortgage Company, Inc. (Sun West) and Cody N. Crosier, foreclosure counsel for Sun West (collectively, Defendants) for, inter alia, alleged violations of the Fair Debt Collections Practice Act (FDCPA), 15 U.S.C. § 1692 and the Truth in Lending Act (TILA), 15 U.S.C. § 1640(k). The court ruled that a third party could foreclose on a property after the original lender sold its interest in the promissory note and deed of trust associated with the property.

The Environmental Protection Agency’s (EPA) Superfund Program is a cornerstone of the United States’ efforts to remediate contaminated sites and protect public health. The Superfund Program under President-Elect Donald Trump’s second term can be projected based on the policies enacted during his first term, including budget priorities, deregulation efforts, and shifts in environmental governance. While some gains in efficiency and site remediation were highlighted during Trump’s first term, the broader focus on deregulation and resource limitations may pose challenges to long-term environmental goals.

Podcast: Denial of Tax Deductions for Marijuana Businesses – Who is this Inter-Loper to Section 280E?

Member Dylan Reeves (Nashville) published an article, “Restoring Fair Notice: It Is Time to Revisit Alabama’s Pleading Standard,” in Issue 1, Volume 54 of the Cumberland Law Review. Liberalizing pleading requirements was an admirable goal when Alabama adopted the Alabama Rules of Civil Procedure in 1973. Alabama’s historic pleading standard required that its courts construeMore