OA699: Will Scumbag Payday Lenders Use the Supreme Court to Crush Liz Warren’s Dreams??

Today, Liz and Andrew take a deep dive into Consumer Financial Protection Bureau v. Community Financial Services Association of America, a case that the Supreme Court just granted certiorari to review. Is the conservative Roberts court going to gut Liz Warren’s signature accomplishment, the CFPB? Listen and find out!

(Yes, Andrew screwed up the numbering so you got episode #700 before #699… now everything should be good!)

Notes
CFPB v. CFSAA cert petition and 5th Circuit opinion
https://www.supremecourt.gov/DocketPDF/22/22-448/246429/20221114155607407_No.%20CFPB%20et%20al.%20v.%20CFSA%20et%20al.pdf

Responsible lending
https://www.responsiblelending.org/research-publication/fact-v-fiction-truth-about-payday-lending-industry-claims

The Victims of Payday Lending
https://www.responsiblelending.org/issues/victims-payday

OA 126
https://openargs.com/oa126-mick-mulvaney-consumer-financial-protection-bureau/

12 C.F.R. § 1041.8
https://www.consumerfinance.gov/rules-policy/regulations/1041/8/

12 U.S.C. § 5511
https://www.law.cornell.edu/uscode/text/12/5511

Seila Law, LLC v. Consumer Financial Protection Bureau, 591 U.S. 207 (2020)
https://scholar.google.com/scholar_case?case=14557349188638541514

12 U.S.C. 5497
https://www.law.cornell.edu/uscode/text/12/5497

OPM v. Richmond, 496 U.S. 414 (1990)
https://scholar.google.com/scholar_case?case=1013607894853666546

Kate Stith, Congress’s Power of the Purse, 97 Yale L.J. 1343 (1988)
https://openyls.law.yale.edu/bitstream/handle/20.500.13051/16554/62_97YaleLJ1343_June1988_.pdf?sequence=2

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OA382: Bernie Sanders Was Right! (The DNC & Payday Lenders)

Today’s episode takes two deep dives — first, into New York’s cancellation of its Democratic Presidential Primary, and second, into the Paycheck Protection Program (PPP) and efforts by scumbag payday lenders to take your tax dollars despite being parasites.

We begin with a thorough examination of the DNC’s Delegate Selection Rules and the Call For Convention Rules and figure out whether Bernie Sanders can get to 25% — and why that matters. Learn why Andrew Yang’s lawsuit omits what Andrew thinks is the best argument — Rule 11.C — and exactly how it comes into play in terms of the candidates’ delegate count. We end with some optimism and a bold prediction by Andrew about the Biden campaign!

After that, it’s time for a deep dive into a provision of the CARES Act that we didn’t cover back in Episode 372, namely, the Paycheck Protection Program. How does it operate? And how are payday lenders operating on two fronts to try and take advantage of it? Listen and find out!

Then, it’s time for an all-new #T3BE about a libertarian tax protestor who sets fire to the Internal Revenue Code inside a government building. (We can’t make this stuff up.)

Patreon Bonuses

Our next LIVE Q&A is scheduled for Friday, May 1, at 8 pm Eastern / 5 pm Pacific, and you can post and vote on which questions you want to see answered! And don’t forget that we’ve released Law’d Awful Movies #39, Class Action, starring Gene Hackman and Mary Elizabeth Mastrantonio, and featuring guest performer Matt Donnelly of the Ice Cream Social podcast!

Appearances

Andrew was just a guest on Episode 121 of the Skepticrat, talking about the abuse of the Paycheck Protection Program and other crazy legal stories in the news. And if you’d like to have either of us as a guest on your show, event, or in front of your group, please drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Click here to read Andrew Yang’s lawsuit against the DNC; here for the Delegate Selection Rules; and here for the Call For Convention Rules.
  2. This is the April 17, 2020 AP article suggesting that Biden may let Sanders keep his statewide delegates.
  3. Latest news regarding payday lenders: this April 29, 2020 New York Times article suggesting the fix was in at Trump’s CFPB, and former CFPB member Jonathan Lanning’s blockbuster 17-page email documenting the corruption.
  4. Here’s the list of SBA Section 7(a) lenders, and this is the relevant regulation, 13 CFR § 120.110(b).

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