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Keith Bradley

On January 24, 2025, the Supreme Court granted certiorari in Lab. Corp. of Am. Holdings v. Davis, Case No. 24-304, on the question of “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.” In TransUnion LLC v. Ramirez, 594 U.S. 413, 431 (2021), the Supreme Court made clear that “[e]very class member must have Article III standing in order to recover individual damages,” but the Court did not answer the question of when a class member’s standing must be established and whether a class can be certified if it contains uninjured class members.Continue Reading Supreme Court to Decide Whether Federal Courts May Certify a Class with Uninjured Class Members

In an effort to prevent deceptive conduct, the Consumer Financial Protection Bureau (CFPB) released Policy Statement on April 3rd, which, among other things, expands their definition of “abusive acts and practices.” As debates about how to comply with the CFPB’s new policy statement circulate, Keith Bradley and David Coats take to Law360 to

As 2020 drew to a close, the Ninth Circuit gave the CFPB a victory in Consumer Fin. Prot. Bureau v. Seila Law LLC, 2020 U.S. App. LEXIS 40572 (9th Cir. Dec. 29, 2020), upholding the CFPB’s civil investigative demand (CID) to Seila Law.  The case was on remand from the United States Supreme Court, which

The long-running battle over the constitutionality of the CFPB is finally over, and it ended with a whimper. The resolution from the Supreme Court is, practically speaking, about where a panel of the D.C. Circuit left things years ago in PHH.

Companies defending against CFPB enforcement have repeatedly argued that the Bureau is unconstitutional because