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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."
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