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Deepak Gupta
Washington, DC
202.470.3826 | www.guptafirm.com | Deepak Gupta is a lawyer in private practice specializing in Supreme Court and appellate litigation, with an emphasis on class actions, consumers' and workers' rights, and constitutional law. He is an Adjunct Professor of Law at both Georgetown and American universities, teaching courses on public interest and appellate advocacy. Deepak was Senior Litigation Counsel and Senior Counsel for Enforcement Strategy at the Consumer Financial Protection Bureau during the agency's historic founding in 2011-2012. He has briefed and argued cases before the U.S. Supreme Court, federal courts nationwide, and several state supreme courts. Deepak argued in the Supreme Court on behalf of the consumers in AT&T Mobility v. Concepcion, a landmark case concerning class-action bans in arbitration clauses.
Interests: Consumer law and policy, Supreme Court and appellate litigation, class actions, constitutional law, arbitration, preemption, the civil justice system
Recent Activity
Charles Schwab drops its class-action ban, at least for now
In February, the brokerage firm Charles Schwab won a ruling from a hearing panel of FINRA, the financial industry regulatory authority, invalidating FINRA's rule against class-action bans and allowing Schwab to use a class-action ban in its customer agreements. The... Continue reading
Posted 2 days ago at CL&P Blog
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Third Circuit Invalidates Recess Appointments
by Deepak Gupta A divided panel of the Third Circuit today joined the D.C. Circuit in holding that President Obama's recess appointments to the NLRB are unconstitutional. The case is NLRB v. New Visa Nursing and Rehabilitation. From the majority... Continue reading
Posted 3 days ago at CL&P Blog
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FTC and CFPB to Host Joint Roundtable on the "Life of a Debt"
On June 6, the FTC and the CFPB will co-host a joint roundtable event, "Life of a Debt: Data Integrity in Debt Collection," to examine the flow of consumer data throughout the debt collection process. The event, held at the... Continue reading
Posted May 7, 2013 at CL&P Blog
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Arbitration Fairness Act Reintroduced Today in Congress
by Deepak Gupta The Arbitration Fairness Act of 2013 -- legislation that would ban mandatory pre-dispute binding arbitration in consumer and employment contracts -- was introduced today in both houses of Congress by Senator Al Franken (D-Minn.) and Rep. Hank... Continue reading
Posted May 7, 2013 at CL&P Blog
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Obama Administration Takes Its Defense of Recess Appointments to the Supreme Court
by Deepak Gupta Earlier today, Solicitor General Don Verrilli filed the government's petition to the Supreme Court, challenging the D.C. Circuit's Noel Canning decision. (Background: There's been a lot of blogging here about Noel Canning, which invalidated President Obama's intersession... Continue reading
Posted Apr 25, 2013 at CL&P Blog
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Consumer Law Events, Including Consumer Financial Services Institute Next Week and Panel on Fair Lending Tomorrow
There are some consumer-law events coming up that readers may find interesting: ABA Fair Lending Panel Tomorrow (April 5): The recent exchange between Jeff Sovern and Chris Willis on disparate impact and fair lending (at this blog and the CFPB... Continue reading
Posted Apr 4, 2013 at CL&P Blog
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CPFB Issues Annual Report on FDCPA Activity
The CFPB has released its annual report on activities under the Fair Debt Collection Practices Act. You can read it here. The report summarizes consumer complaint data, the Bureau's new supervision program, amicus briefs, and enforcement actions (not much to... Continue reading
Posted Mar 26, 2013 at CL&P Blog
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Justices Search for Limits on Preemption of Consumer Claims Based on Federal Transportation Deregulation Laws
Over at SCOTUSblog, I've got two posts up about Dan's City Used Cars v. Pelkey, an interesting preemption case that was argued before the U.S. Supreme Court this week. The case concerns whether transportation deregulation law preempts a suit under... Continue reading
Posted Mar 23, 2013 at CL&P Blog
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Debate On the CFPB's Constitutionality at Georgetown Law
For those of you in Washington: Tomorrow afternoon at Georgetown Law, I'll be at debating C. Boyden Gray on the constitutionality of the CFPB and Rich Cordray's recess appointment. Here's the announcement: The Consumer Law Society, The Federalist Society, and... Continue reading
Posted Mar 20, 2013 at CL&P Blog
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Supreme Court Hears Oral Arguments in Major Arbitration Case: American Express v. Italian Colors
by Deepak Gupta Along with the historic Voting Rights Act arguments this morning, the Supreme Court heard oral arguments in American Express v. Italian Colors -- a major antitrust arbitration case that we've mentioned on the blog several times over... Continue reading
Posted Feb 27, 2013 at CL&P Blog
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Full Court Rebuffs Recess-Appointments Challenge
On Monday, we told you about one company's efforts to bring its challenge to President Obama's recess appointments before the U.S. Supreme Court. The challenge came in the form of an emergency stay application directed to Justice Ginsburg, which she... Continue reading
Posted Feb 6, 2013 at CL&P Blog
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Recess Appointments Challenge Reaches the Supreme Court; Justice Ginsburg Denies Emergency Application
by Deepak Gupta Earlier than many had expected, a challenge to President Obama's recess appointments reached the doorstep of the U.S. Supreme Court this morning, but it was quickly rebuffed this afternoon by Justice Ginsburg in her capacity as Circuit... Continue reading
Posted Feb 4, 2013 at CL&P Blog
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Jon Leibowitz Leaves the FTC
Posted Feb 1, 2013 at CL&P Blog
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Today's Recess Appointment News
by Deepak Gupta The Arbitration Wars Meet the Recess Appointment Wars: Since its beginning, this blog has closely covered controversies over mandatory arbitration in consumer and employment contracts. More recently, we've been covering the constitutional controversy over the President's recess... Continue reading
Posted Jan 31, 2013 at CL&P Blog
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Bottomside Briefs in American Express Arbitration Case, Including Briefs of the U.S. Solicitor General and 22 States
by Deepak Gupta Since at least 2009, this blog has covered (e.g. here and here) the long-running saga of American Express v. Italian Colors, an antitrust dispute that raises fundamental questions about the limits of federal arbitration jurisprudence. The case,... Continue reading
Posted Jan 29, 2013 at CL&P Blog
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The CFPB and the Recess Appointment: De Facto Officer Doctrine to the Rescue?
by Deepak Gupta There are some important counterpoints to the wild predictions I'm already hearing from industry lawyers about the effect of today's D.C. Circuit's decision invalidating the NLRB recess appointments. First, because the decision openly creates a circuit split... Continue reading
Posted Jan 25, 2013 at CL&P Blog
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The Ninth Circuit's En Banc Argument in Kilgore v. Keybank
An 11-judge en banc panel of the Ninth Circuit heard oral argument this week in Kilgore v. Keybank, an important consumer arbitration case. Kilgore presents the question whether the Federal Arbitration Act and the Supreme Court's decision in AT&T v.... Continue reading
Posted Dec 14, 2012 at CL&P Blog
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Looking Back on David Vladeck's Soon-to-be-Completed Tenure at the FTC
Next month, David Vladeck will a leave the helm of the FTC's Bureau of Consumer Protection--by all accounts reinvograted under his dynamic leadership--to go back to Georgetown Law. Jeff Gelles, the Philadelphia Inquirer's consumer columnist, attempts to sum up David's... Continue reading
Posted Dec 2, 2012 at CL&P Blog
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Free Webinar on the CFPB's Amicus Program Next Wednesday
Posted Nov 16, 2012 at CL&P Blog
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Constitutional Challenge to Fair Credit Reporting Act Rejected
In the wake of the Supreme Court's decision last year in Sorrell v. IMS Health, there's been a lot of speculation about the extent to which previously accepted commercial speech regulation may now be subject to "heightened" or strict scrutiny... Continue reading
Posted Nov 12, 2012 at CL&P Blog
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Ninth Circuit OKs Facebook class settlement, holding that it’s fair for all the settlement funds to go to a defendant-created foundation
by Greg Beck The Ninth Circuit today upheld a district court’s decision approving a class-action settlement against Facebook over the company’s long-defunct “Beacon” program—one of the first of what turned out to be a long string of privacy fiascos for... Continue reading
Posted Sep 20, 2012 at CL&P Blog
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Senior Staff Moves at CFPB
Posted Aug 28, 2012 at CL&P Blog
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CFPB's Head of Regulations Joins Morrison & Foerster
Posted Aug 22, 2012 at CL&P Blog
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Julie Williams Steps Down As OCC Chief Counsel
Posted Aug 13, 2012 at CL&P Blog
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The CFPB's First Public Enforcement Action: A $210 Million Settlement with Capital One
Posted Jul 18, 2012 at CL&P Blog
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