Consumer Financial Protection Bureau v. Cashcall, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CONSUMER FINANCIAL No. 23-55259

PROTECTION BUREAU,

D.C. No. Plaintiff-Appellee, 2:15-cv-07522-

JFW-RAO

v.

CASHCALL, INC.; WS FUNDING, OPINION

LLC; DELBERT SERVICES

CORPORATION; J. PAUL

REDDAM,

Defendants-Appellants.

Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding

Argued and Submitted March 20, 2024 San Francisco, California

Filed January 3, 2025

Before: John B. Owens, Ryan D. Nelson, and Eric D. Miller, Circuit Judges.

Opinion by Judge Miller; Concurrence by Judge R. Nelson CFPB V. CASHCALL, INC.

SUMMARY *

Seventh Amendment / Restitution Award

The panel affirmed the district court’s judgment, on remand from this court, ordering CashCall, Inc. to pay more than $134 million in legal restitution. The Consumer Financial Protection Bureau brought an action alleging that CashCall had engaged in an “unfair, deceptive, or abusive act or practice” in violation of 12 U.S.C. § 5536(a)(1)(B), by attempting to collect interest and fees to which it was not legally…