National Biweekly Administration secures vacatur of $8 million adverse judgment in CFPB litigation

Client(s) Nationwide Biweekly Administration, Inc.

On behalf of Nationwide Biweekly Administration, Inc., Jones Day secured vacatur of an $8 million adverse judgment against it resulting from a lawsuit brought by the Consumer Financial Protection Bureau ("CFPB"). Nationwide Biweekly Administration's central argument in the Ninth Circuit appeal was that the CFPB is unconstitutionally structured, including under the Appropriations Clause. Noting that the law had changed on these issues, the Ninth Circuit vacated the judgment and remanded for the district court to reconsider these arguments in the first instance.

CFPB v. Nationwide Biweekly Administration Inc., No. 18-15431 (9th Cir.)