Randy Miller published "Top 10 Considerations in Litigating against the CFPB" in Law360 on February 3, 2014.
If you have not encountered the Consumer Protection Bureau you likely will. The CFPB, the federal government’s newest and most powerful agency that regulates consumer financial products and services, has made clear that it will set its policy primarily through enforcement proceedings and lawsuits. CFPB lawsuits are just getting underway and can be expected to significantly increase now that the agency is up and running after the Senate confirmed its director, Richard Cordray. When the CFPB puts your business in the crosshairs, and a federal court lawsuit appears inevitable, think through an affirmative litigation strategy from the initial pleadings to the final determination. Here are 10 key issues to include in your thinking.
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