U.S. District Court for the Eastern District of Texas

Case Status

Docket Number


Additional Information

Recent CFPB Actions Mean Less Choice for Consumers

Case Updates

Eastern District of Texas vacates CFPB’s recent update to its Unfair, Deceptive, or Abusive Acts or Practices section of its examination manual as unlawful and enjoins CFPB from applying the challenged interpretation to Plaintiffs’ members

September 08, 2023

Opinion and Order

Final Judgment

The Eastern District of Texas ruled that the CFPB acted outside its authority granted by Congress when it updated its Supervision and Examination manual for financial institutions.‌ The district court also ruled that the CFPB’s funding mechanism was unconstitutional.‌ The court vacated the manual update and prohibited the CFPB from pursuing any action against any Chamber members based on that update.

Had it been allowed to stand, the CFPB’s update would have created confusion in the banking sector, limiting its ability to provide needed services to businesses and consumers.

U.S. Chamber and co-plaintiffs notify court that the U.S. Supreme Court granted certiorari on the Appropriations Clause issue in CFPB v. Community Financial Services Association of America, Ltd.

February 27, 2023

The Chamber asked the court to proceed with the case and to resolve plaintiffs’ claims.

U.S. Chamber and co-plaintiffs file reply in support of their motion for summary judgment and opposition to motion to dismiss

January 10, 2023

Click here to view the brief. Bruce A. Smith of Ward, Smith & Hill PLLC, Cameron T. Norris, Bryan K. Weir, and David L. Rosenthal of Consovoy McCarthy PLLC, and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

U.S. Chamber and co-plaintiffs file motion for summary judgment

November 29, 2022

Click here to view.

U.S. Chamber files coalition lawsuit challenging the Consumer Financial Protection Bureau’s recent update to the Unfair, Deceptive, or Abusive Acts or Practices section of its examination manual as unlawful

September 28, 2022

Click here to view the complaint.

Case Documents