WBK Industry News - Litigation Developments

Court Grants CFPB’s Request for Rule 54(b) Judgment

On August 23, 2018, a federal judge granted the CFPB’s Request for Judgment so that the CFPB could appeal her June 21 ruling holding the CFPB’s structure as unconstitutional.

The initial suit consisted of both federal and state law claims. The CFPB alleged claims under the Consumer Financial Protection Act and the NYAG alleged claims under both the CFPA and New York law.

The Judgment finalizes the Court’s decision to remove the CFPB from the suit, allowing immediate appeal of the order. The Court previously ruled that the CFPB’s structure was unconstitutional, and denied all the claims the CFPB brought against the finance company.

The case is Consumer Financial Protection Bureau et al. v. RD Legal Funding LLC et al., case number 1:17-cv-00890, in the U.S. District Court for the Southern District of New York.