No. 24-185

National Collegiate Master Student Loan Trust, et al. v. Consumer Financial Protection Bureau, et al.

Lower Court: Third Circuit
Docketed: 2024-08-20
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: administrative-law agency-enforcement constitutional-removal consumer-financial-protection securitization-trusts separation-of-powers
Latest Conference: 2024-12-13
Question Presented (from Petition)

1. When should an enforcement action that is initiated by an agency head unconstitutionally insulated from removal be dismissed to remedy that separation-of-powers violation?

2. Whether passive securitization vehicles used to acquire and pool consumer loans are "covered persons" because they "engage[] in offering or providing a consumer financial product or service" under the CFPA.

Question Presented (AI Summary)

Whether enforcement actions initiated by an unconstitutionally-appointed agency head should be dismissed and whether passive securitization vehicles qualify as 'covered persons' under the Consumer Financial Protection Act

Docket Entries

2024-12-16
Petition DENIED.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-11-26
Reply of petitioners National Collegiate Master Student Loan Trust, et al. filed. (Distributed)
2024-11-25
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2024-11-15
Brief of Federal Respondent in opposition filed.
2024-10-09
Motion to extend the time to file a response is granted and the time is further extended to and including November 15, 2024.
2024-10-07
Motion of Consumer Financial Protection Bureau, et al. for an extension of time submitted.
2024-10-07
Motion to extend the time to file a response from October 21, 2024 to November 15, 2024, submitted to The Clerk.
2024-09-19
Motion to extend the time to file a response is granted and the time is extended to and including October 21, 2024.
2024-09-19
2024-09-19
Brief amici curiae of Securities Industry and Financial Markets Association, et al.
2024-09-19
Brief amici curiae of Securities Industry and Financial Markets Association, et al. filed.
2024-09-18
Motion to extend the time to file a response from September 19, 2024 to October 21, 2024, submitted to The Clerk.
2024-08-23
Rule 12.6 Letter of National Collegiate Master Student Loan Trust, et al. submitted.
2024-08-23
Letter submitted pursuant to Rule 12.6 from counsel for petitioners filed.
2024-08-16
Petition for a writ of certiorari filed. (Response due September 19, 2024)

Attorneys

Consumer Financial Protection Bureau, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
National Collegiate Master Student Loan Trust, et al.
Jonathan Yates EllisMcGuireWoods LLP, Petitioner
Securities Industry and Financial Markets Association and Structured Finance Association
Stephen Michael NickelsburgClifford Chance US LLP, Amicus
Separation of Powers Clinic
R. Trent McCotterSeparation of Powers Clinic,Columbus School of Law, Amicus