On January 17, 2024, the U.S. Supreme Court heard oral arguments in a pair of cases seeking to challenge the Chevron doctrine. The Chevron doctrine refers to the judicial deference given to administrative actions based on the 1984 case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984). Under Chevron, the Court set forth a legal test as to when the court should defer to an agency’s interpretation, providing that judicial deference is appropriate where the agency’s interpretation was not unreasonable, so long as Congress had not spoken directly to the precise question. Read More
Month: January 2024
Colorado AG Enters Into Agreement With Collector Over Collecting Tribal Loans
The Colorado Attorney General entered into an Order and Assurance of Discontinuance with TrueAccord, a licensed debt collector, in regard to the collection of loans made by unlicensed entities associated with Native American tribes with finance charges that exceeded the rate permitted for unlicensed entities under the Colorado Uniform Consumer Credit Code (“UCCC”). Read More
Senate Fails To Override President’s Veto Of Small Business Data Lending Rule Resolution
The Senate failed to override President Biden’s veto of the joint Congressional resolution of disapproval of the CFPB’s Section 1071 rule (“Rule”). The Rule, known as 1071 for its section in the DoddFrank Act, is currently on hold pending the outcome of a Supreme Court case challenging the constitutionality of the CFPB’s funding based on decisions in Texas and Kentucky. Read More