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ARTICLE · 20 APRIL 2017

U.S. District Court Dismisses CFPB Case Against Payment Processor

On March 17, the U.S. District Court for the District of North Dakota granted Intercept Corporation ("Intercept")

United StatesConsumer Protection

On March 17, the U.S. District Court for the District of North Dakota granted Intercept Corporation ("Intercept"), Bryan Smith, and Craig Dresser's Motion to Dismiss the Consumer Financial Protection Bureau's ("CFPB") Complaint in the case between the CFPB and Intercept. The decision to grant the Motion to Dismiss marks the first time that the Bureau has had its entire case dismissed through a motion to dismiss.

The CFPB filed a Complaint against Intercept, Bryan Smith, and Craig Dresser in June 2016. The CFPB alleged that Intercept continually processed transactions for clients "they knew, or should have known, were making fraudulent or other illegal transactions" and that Intercept ignored certain "red flags" related to fraudulent or illegal transactions. These actions violated the Consumer Financial Protection Act's prohibition against unfair and deceptive practices, according to the CFPB's Complaint. Intercept filed a Motion to Dismiss the Complaint in August

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