California Court Of Appeals Rules CPPA Can Start Enforcing Regulations

California’s Third District Court of Appeals recently ruled that the California Privacy Protection Agency (CPPA) may begin enforcing its finalized data privacy regulations immediately, overturning the lower court’s prior ruling that delayed enforcement.

The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), tasks the CPPA with promulgating regulations by July 1, 2022, and permits the CPPA to enforce such regulations beginning July 1, 2023. The CPPA failed to finalize the […]

By | February 28th, 2024 ||

Year In Review: Major U.S. Supreme Court And Appellate Cases

The Supreme Court continues to take a close look at major administrative law questions, and its answers have the potential to significantly affect the consumer finance industry. Most notably, in 2023, the Supreme Court heard oral argument in a case concerning the constitutionality of the CFPB’s funding mechanism and in two other cases questioning the continued vitality and scope of the Chevron doctrine, which could significantly affect agencies’ rulemaking and the judicial review of agency decisions. […]

By | February 26th, 2024 ||

Fifth Circuit Court Of Appeals Hears Oral Arguments In Industry Groups’ Ongoing Petition To Vacate Private Fund Adviser Rules

Earlier this month, the US Fifth Circuit Court of Appeals heard oral arguments from the Securities and Exchange Commission (SEC) and industry groups representing private investment fund sponsors, in the industry groups’ ongoing petition to vacate the new private fund adviser rules (PFAR) adopted by the SEC on 23 August 2023.

Arguments from both sides largely centered on whether the SEC overstepped its authority in adopting the PFAR. While both sides agreed that private funds are […]

By | February 21st, 2024 ||