Integrity Advance, et al. v. CFPB, No. 21-9521 (10th Cir. 2022)
Annotate this CaseIntegrity Advance, LLC operated as a nationwide payday lender offering short-term consumer loans at high interest rates. In 2015, the Consumer Financial Protection Bureau (“Bureau”) brought an administrative enforcement action against Integrity and its CEO, James Carnes (collectively, “Petitioners”). The Notice of Charges alleged violations of the Consumer Financial Protection Act (“CFPA”), the Truth in Lending Act (“TILA”), and the Electronic Fund Transfer Act (“EFTA”). Between 2018 and 2021, the Supreme Court issued four decisions that bore on the Bureau’s enforcement activity in this case. The series of decisions led to intermittent delays and restarts in the Bureau’s case against Petitioners. Ultimately, the Director mostly affirmed the recommendations of the ALJ. Petitioners appealed the Director’s final order to the Tenth Circuit Court of Appeals under 12 U.S.C. § 5563(b)(4), asking that the Court vacate the order, or at least remand for a new hearing. Petitioners argued the Director’s order didn’t give them the full benefit of the Supreme Court’s rulings. The Tenth Circuit rejected Petitioners’ various challenges and affirmed the Director’s order.
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