CashCall v. Consumer Financial Protection Board Cert Petition

Here:

Questions presented:

1. Whether a claim for legal restitution triggers the Seventh Amendment right to a jury trial. 2. Whether a litigant may validly waive a constitutional right at a time when binding circuit precedent clearly forecloses any exercise of that right.

Lower court materials here.

Ninth Circuit Affirms $134M in Restitution Fees Against CashCall (remember them?)

Here is the opinion in Consumer Financial Protection Bureau v. CashCall Inc.

Prior post here.

Ninth Circuit Decides CFPB v. CashCall

Here. An excerpt:

CashCall, Inc., made unsecured, high-interest loans to consumers throughout the country. After attracting unwanted attention from regulators, it sought to avoid state usury and licensing laws by using an entity operating on an Indian reservation. CashCall paid for that entity to issue loans and then purchased the loans days later. The loan agreements contained a choice-of-law provision calling for the application of tribal law, so they would not be subject to the law of borrowers’ home States, which would have prohibited the loans. CashCall sought advice from a scholar of federal Indian law, who opined that the scheme “should work but likely won’t.” His concern proved well founded. The Consumer Financial Protection Bureau brought this action against CashCall, its CEO, and several affiliated companies, alleging that the scheme was an “unfair, deceptive, or abusive act or practice,” 12 U.S.C. § 5536(a)(1)(B), because CashCall demanded payment from consumers under the pretense that the loans were legally enforceable obligations, when in fact they were invalid under state law. The district court found the defendants liable and imposed a civil penalty of $10.3 million, but the court declined to order restitution.

Briefs here.

CashCall (former partners with Western Sky) Sues Law Firm over Reliance on Federal Indian Law Principles

Here is the complaint in CashCall Inc. v. Katten Muchin Rosenman LLP (Cal. Super.):

Ninth Circuit Materials in Consumer Financial Protection Board v. CashCall

Here:

CPFB Opening Brief

CashCall Principal Brief

Amicus Brief

CPFB Reply

CashCall Reply

Federal Court Awards CFPB $10M Penalty from CashCall/Western Sky

Here is the order in Consumer Financial Protection Board v. CashCall Inc. (C.D. Cal.):

DCT Order

Fourth Circuit Rejects Western Sky-Related Claims

Here are the materials in Dillon v. BMO Harris Bank:

Opinion

Opening Brief

Response Brief

Reply Brief

Lower court materials here.

 

Federal Court Denies Yet Another Effort by CashCall/Western Sky to Force Tribal Arbitration

Here are the materials in MacDonald v. CashCall (D.N.J.):

11-1 Motion to Compel Arbitration

16 Opposition

20 Reply

24 Opinion

Payday Lending Legal Malpractice Suit (Western Sky-Related)

ATL: “Katten Muchin Sued By Bottom-Feeding Former Client.”

Complaint in CashCall v. Katten Muchin Rosenman (Cal. Super Ct. — Orange County) here:

Complaint

HT.

Eleventh Circuit Declines to Enforce Arbitration Clause in Western Sky-Related Suit

Here is the opinion in Parm v. National Bank of California NA.