Federal Consumer Protection News: June 2022

Consumer Financial Protection Bureau The Consumer Financial Protection Bureau (CFPB) issued an advisory opinion affirming that federal law often prohibits debt collectors from charging “pay-to-pay” fees. These charges, commonly described by debt collectors as “convenience fees,” are imposed on consumers who want to make a payment in a particular way, such as online or by…

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Opinion: Concepcion v. United States, 20-1650

Volume 29, Issue 20 This Report summarizes opinions issued on June 27, 29, and 30, 2022 (Part I). Opinion: Concepcion v. United States, 20-1650 Concepcion v. United States, 20-1650. In a 5-4 decision, the Court held that the First Step Act of 2018 allows district courts to consider intervening changes of law or fact when…

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Opinion: Ruan v. United States, 20-1410

Volume 29, Issue 20 This Report summarizes opinions issued on June 27, 29, and 30, 2022 (Part I). Opinion: Ruan v. United States, 20-1410 Ruan v. United States, 20-1410. The Court held that once a doctor who is charged with dispensing controlled substances produces evidence that his conduct was “authorized,” the Government must prove beyond…

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Opinion: Torres v. Texas Dep’t of Public Safety, 20-603

Volume 29, Issue 20 This Report summarizes opinions issued on June 27, 29, and 30, 2022 (Part I). Opinion: Torres v. Texas Dep’t of Public Safety, 20-603 Torres v. Texas Dep’t of Public Safety, 20-603. By a 5-4 vote, the Court held that Congress has the authority to authorize suits against nonconsenting states pursuant to…

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Opinion: Kennedy v. Bremerton School District, 21-418

Volume 29, Issue 20 This Report summarizes opinions issued on June 27, 29, and 30, 2022 (Part I). Opinion: Kennedy v. Bremerton School District, 21-418 Kennedy v. Bremerton School District, 21-418. By a 6-3 vote, the Court held that a school district violated the Free Speech and Free Exercise Clause rights of a football coach…

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Opinion: Oklahoma v. Castro-Huerta, 21-429

Volume 29, Issue 20 This Report summarizes opinions issued on June 27, 29, and 30, 2022 (Part I). Opinion: Oklahoma v. Castro-Huerta, 21-429 Oklahoma v. Castro-Huerta, 21-429. By a 5-4 vote, the Court held that “the Federal Government and the State have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country.”…

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Opinion: Biden v. Texas, 21-954

Volume 29, Issue 20 This Report summarizes opinions issued on June 27, 29, and 30, 2022 (Part I). Opinion: Biden v. Texas, 21-954 Biden v. Texas, 21-954. The Court held by a 6-3 vote that (1) the Biden Administration’s attempt to terminate the Migrant Protection Protocols (the Trump Administration’s “remain in Mexico” policy) did not…

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Opinion: West Virginia v. EPA, 20-1530

Volume 29, Issue 20 This Report summarizes opinions issued on June 27, 29, and 30, 2022 (Part I). Opinion: West Virginia v. EPA, 20-1530 West Virginia v. EPA, 20-1530. By a 6-3 vote, the Court held that the EPA lacked the authority in 2015 to issue the Clean Power Plan, which sought aggressively to deal…

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Opinion: Becerra v. Empire Health Foundation, 20-1312

Volume 29, Issue 19 This Report summarizes opinions issued on June 23 and 24, 2022 (Part I). Opinion: Becerra v. Empire Health Foundation, 20-1312 Becerra v. Empire Health Foundation, 20-1312. In a 5-4 decision, the Court held that when calculating the “Medicare fraction” used to determine reimbursement rates to hospitals that serve disproportionately high numbers of…

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Opinion: Vega v. Tekoh, 21-499

Volume 29, Issue 19 This Report summarizes opinions issued on June 23 and 24, 2022 (Part I). Opinion: Vega v. Tekoh, 21-499 Vega v. Tekoh, 21-499. In a 6-3 opinion, the Court held that a plaintiff may not sue a police officer under 42 U.S.C. §1983 based on the allegedly improper admission of an un-Mirandized statement…

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