U.S. Supreme Court declines review in CFPB enforcement action
On March 23, the U.S. Supreme Court denied certiorari in a long-running CFPB enforcement action over allegations that a mortgage payment product involved deceptive and abusive representations, including overstating consumer savings and creating the false impression of affiliation with consumers’ lenders. The case, filed by the CFPB in 2015, has been through multiple rounds of litigation — most recently culminating in a November 2025 9th Circuit decision (covered by InfoBytes here) affirming the district court’s finding of liability on remand and rejecting challenges to: (i) the CFPB director’s authority; (ii) the applicable statute of limitations period; and (iii) the court’s application of the Telemarketing and Consumer Fraud and Abuse Prevention Act. The Supreme Court’s denial leaves the 9th Circuit’s decision in place.