Followers | 45 |
Posts | 7114 |
Boards Moderated | 0 |
Alias Born | 07/18/2020 |
![](https://investorshub.advfn.com/uicon/752721.png?cb=1608466103)
Thursday, August 31, 2023 11:28:25 PM
https://www.consumerfinance.gov/compliance/compliance-resources/small-business-lending-resources/small-business-lending-collection-and-reporting-requirements/
https://caselaw.findlaw.com/court/us-dis-crt-s-d-tex-mca-div/114780286.html
"As discussed supra, to succeed on the merits of their claim that the Final Rule is invalid based on the Bureau's unconstitutional funding structure, Plaintiffs must show the Bureau's “unconstitutional · funding inflicted harm.” Cmty. Fin. Servs. Ass'n of Am., Ltd., 51 F.4th at 643 (quoting Collins v. Yellen, ––– U.S. ––––, 141 S. Ct. 1761, 1788–89, 210 L. Ed. 2d 432 (2021)). When “the funding employed by the Bureau to promulgate [a] · Rule [is] wholly drawn through the agency's unconstitutional funding scheme, there is a linear nexus between the infirm provision (the Bureau's funding mechanism)” and an action that challenges the promulgation. Id. This is so because “without its unconstitutional funding, the Bureau lacked any other means to promulgate the rule.” Id. Here, the parties do not dispute Plaintiffs’ likelihood of success on the merits of their claim. See (Dkt. Nos. 13, Exh. 1 at § 1, 16 at § II.C, 17 at § II). This is because Plaintiffs in the present case have asserted the Final Rule is invalid because it was promulgated through the Bureau's unconstitutional funding scheme. See (Dkt. No. 13, Exh. 1 at § 1). Accordingly, this Court finds that a substantial likelihood exists that Plaintiffs would prevail in asserting that the Final Rule is invalid. Therefore, the “substantial likelihood” factor favors Plaintiffs."
FEATURED POET Wins "Best Optical AI Solution" in 2024 AI Breakthrough Awards Program • Jun 26, 2024 10:09 AM
HealthLynked Promotes Bill Crupi to Chief Operating Officer • HLYK • Jun 26, 2024 8:00 AM
Bantec's Howco Short Term Department of Defense Contract Wins Will Exceed $1,100,000 for the current Quarter • BANT • Jun 25, 2024 10:00 AM
ECGI Holdings Targets $9.7 Billion Equestrian Apparel Market with Allon Brand Launch • ECGI • Jun 25, 2024 8:36 AM
Avant Technologies Addresses Progress on AI Supercomputer-Driven Data Centers • AVAI • Jun 25, 2024 8:00 AM
Green Leaf Innovations, Inc. Expands International Presence with New Partnership in Dubai • GRLF • Jun 24, 2024 8:30 AM