Although the Consumer Financial Protection Bureau (CFPB or Bureau) voluntarily dismissed a slew of its own enforcement actions following Rohit Chopra’s removal as CFPB Director on January 31, 2025, the Bureau has affirmatively indicated its intent to continue litigating only a handful of cases so far.
There were, by our count, 36 pending CFPB enforcement suits at the time of the change in administration, but only 24 of those remain open now. Of those 24 open suits, the CFPB has, to date, indicated an intent to continue litigating only a few. Specifically, the CFPB has indicated either expressly—i.e., through a filing stating it will continue litigating, such as in the CFPB v. MoneyLion Technologies, Inc. case we recently reported on—or implicitly—i.e., by making other substantive filings following the change in administration—that it will proceed with litigation in six of its open enforcement matters. Clearly, these cases are the exception rather than the rule. And in each of those six cases, there exists good reason for new Bureau leadership to allow litigation to continue for now, notwithstanding that the change in CFPB leadership has resulted in new enforcement priorities.
Notably, three of these suits involve allegations of harm to vulnerable populations, i.e., military servicemembers (CFPB v. FirstCash, Inc. et al. and CFPB v. Technologies Inc. et al.) and elderly citizens (CFPB v. Comerica Bank), respectively, and thus arguably have bipartisan, populist implications. Further, Comerica brought its own suit against the CFPB before the CFPB’s enforcement action was filed, which means the CFPB would be unlikely to dismiss its action unless the parties were able to achieve a resolution of Comerica’s affirmative suit simultaneously.
The three other cases where the CFPB has indicated an intent to press forward are at significantly advanced stages of litigation (CFPB v. National Collegiate Master Student Loan Trust et al., CFPB v. FDATR, Inc. et al., and CFPB v. Stratfs, LLC), including one matter where liability for all defendants has already been established (FDATR). Additionally, the Stratfs case is being prosecuted by seven state attorneys general, which ostensibly means the matter can move forward with little participation by the CFPB.
The remaining 18 open CFPB enforcement suits include nine where a stay has been entered, and one where a motion to stay is pending. They also include five suits without upcoming deadlines for the CFPB that would require it to make a decision about whether to proceed with the litigation in the near-term, and three appealed suits where it is unclear that the CFPB will meaningfully participate in the appeal.
Given the rapid changes occurring at the CFPB over the past two months, we anticipate that the status of the CFPB’s now-open enforcement matters will continue to evolve throughout the coming year.
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