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Form 424H World Omni Auto Leasing

Form 424H World Omni Auto Leasing
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Third Circuit Holds Securitization Trusts Can Be Subject To CFPB Enforcement Authority - Dodd-Frank, Consumer Protection Act

In a long-awaited decision, the Third Circuit handed the Consumer Financial Protection Bureau ("CFPB" or "Bureau") a victory in the National Collegiate Student Loan Trust litigation that could have wide-reaching implications for market participants in the consumer financial services industry.

Suit Against Student Loan Trusts Dismissed

Thursday, April 1, 2021 On March 26, 2021, Judge Maryellen Noreika of the U.S. District Court for the District of Delaware dismissed a lawsuit brought by the Consumer Financial Protection Bureau (“CFPB”) in  Consumer Financial Protection Bureau v. The National Collegiate Master Student Loan Trusts, 1 finding,  inter alia, that the CFPB’s suit was constitutionally defective due to the CFPB’s untimely attempt to ratify the prosecution of the litigation in the wake of the Supreme Court’s decision in  Seila Law LLC v. Consumer Financial Protection Bureau.  This case has been closely watched by many participants in the structured finance industry, because the litigants had disputed over the question of whether the trusts at issue in the litigation are “covered persons” liable under the Consumer Financial Protection Act despite their status as passive securitization trust entities a question that has important and wide-reaching implications for the structu

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