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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
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
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
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
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
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
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
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
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
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
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
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
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 announced his departure from the FTC today, the Blog of the Legal Times reports: After a four-year tenure marked by an increased focus on privacy and aggressive consumer protection, Federal Trade Commission Chairman Jon Leibowitz announced today that... Continue reading
Posted Feb 1, 2013 at CL&P Blog
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
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
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
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
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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Next Wednesday (November 21), at noon, I'll be presenting a free webinar focusing on the Consumer Financial Protection Bureau's amicus program from both consumer and industry perspectives. On the industry side, I'll be joined by Alan Kaplinsky and Christopher Willis... Continue reading
Posted Nov 16, 2012 at CL&P Blog
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
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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The CFPB has announced several major hires and moves. The New York Times Dealbook has the story here. Leonard Chanin, the outgoing head of Regs will be replaced, at least temporarily, by his deputy, Kelly Cochran. Kelly was part of... Continue reading
Posted Aug 28, 2012 at CL&P Blog
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The Consumer Financial Protection Bureau's chief rulewriter, Leonard Chanin, is leaving the Bureau next month to join the law firm of Morrison & Foerster, where he previously practiced for many years. Because of Chanin's background in private practice and the... Continue reading
Posted Aug 22, 2012 at CL&P Blog
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Julie Williams, the Office of the Comptroller of the Currency's notorious longtime Chief Counsel and sometime Acting Comptroller, is stepping down from her post effective September 30. According to a statement released by the agency, she will retire from the... Continue reading
Posted Aug 13, 2012 at CL&P Blog
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Just in time for the agency's one-year anniversary this week, the CFPB today announced its first public enforcement action -- a major settlement with Capital One over charges of deceptive marketing of credit card "add-on" products, such as payment protection... Continue reading
Posted Jul 18, 2012 at CL&P Blog