Forcht Bank, NA, et al v. CFPB, et al
| FORCHT BANK, NA, KENTUCKY BANKERS ASSOCIATION and BANK POLICY INSTITUTE |
| CONSUMER FINANCIAL PROTECTION BUREAU and RUSSELL VOUGHT, Acting Director of the Consumer Financial Protection Bureau |
| FINANCIAL TECHNOLOGY ASSOCIATION |
| 26-5005 |
| January 5, 2026 |
| U.S. Court of Appeals, Sixth Circuit |
| Admin Proc Act/Review |
Docket Report
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| Filing 23 STATUS REPORT filed by Mr. Judson Owen Littleton for Bank Policy Institute, Forcht Bank, NA and Kentucky Bankers Association. Certificate of Service: 05/29/2026. **These consolidated appeals arise from a district-court order that stayed the compliance deadlines and preliminarily enjoined enforcement of the Bureaus 2024 rule asserting the authority to regulate open banking. See Required Rulemaking on Personal Financial Data Rights, 89 Fed. Reg. 90,838 (Nov. 18, 2024) (Rule). In its March 30 Order, this Court granted plaintiffs motion to hold briefing in these appeals in abeyance while the Bureau conducts a new rulemaking process to comprehensively reexamine that Rule. The Court directed plaintiffs to file status reports every 60 days regarding the current status of that rulemaking and the appellants positions regarding briefing in these appeals. Plaintiffs have consulted with counsel for both appellants to prepare this report. The CFPB has provided the following statement regarding the current status of the rulemaking and its position on briefing: The Bureau is continuing to conduct the rulemaking to reconsider the Personal Financial Data Rights Rule (Rule), with a view to substantially revising it. In connection with its reconsideration of the Rule, the Bureau is comprehensively reexamining the matter alongside stakeholders and the broader public with the goal of developing a well-reasoned approach that aligns with the policy preferences of Bureau leadership and appropriately addresses the interests at stake. To that end, the Bureau is continuing to actively consider the issues raised in and comments received for the Advanced Notice of Proposed Rulemaking that was issued on August 22, 2025. In light of the foregoing, the Bureau believes that briefing in this matter should continue to be held in abeyance. Intervenor Financial Technology Associateion states that it does not oppose continuing the abeyance of briefing. Plaintiffs likewise continue to believe that briefing should remain in abeyance pending the CFPBs completion of its rulemaking and publication of a new final rule in the Federal Register. Next status report due 07/28/2026 [25-6164, 26-5005]--[Edited 06/01/2026 by ASM]- (JOL) [Entered: 05/29/2026 05:00 PM] |
| Filing 22 APPEARANCE filed for CFPB and Mr. Russell Vought in 25-6164, Appellants CFPB and Mr. Russell Vought in 26-5005 by Rachel Bisi Lawlor. Certificate of Service: 05/29/2026. [25-6164, 26-5005] (RL) [Entered: 05/29/2026 11:39 AM] |
Filing 21
ORDER filed: Upon review, and for purposes of docket management, the plaintiffs motion is GRANTED, insofar as briefing will be held in abeyance pending further order. The briefing schedule issued March 9, 2026 is CANCELLED. The plaintiffs shall file a status report regarding current rulemaking status every 60 days, with the first status report due 60 days from the date of this order. Each status report shall advise of the appellants positions regarding briefing [ # 17 ]. [25-6164, 26-5005] (ASM) [Entered: 03/30/2026 10:48 AM]
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| Filing 20 REPLY filed by Mr. Judson Owen Littleton for Bank Policy Institute, Forcht Bank, NA and Kentucky Bankers Association in 25-6164, Mr. Judson Owen Littleton for Forcht Bank, NA, Kentucky Bankers Association and Bank Policy Institute in 26-5005 regarding a response, [22]; previously filed by Mr. Thomas Kim for CFPB and Mr. Russell Vought; and a response, [23]; previously filed by Mr. Jeffrey Matthew Harris for Financial Technology Association. Certificate of Service: 03/25/2026. [25-6164, 26-5005] (JOL) [Entered: 03/25/2026 05:23 PM] |
| Filing 19 RESPONSE in opposition filed regarding a motion, [ # 17 ]; previously filed by Mr. Judson Owen Littleton for Forcht Bank, NA, Kentucky Bankers Association and Bank Policy Institute in 25-6164, 26-5005. Response from Attorney Mr. Jeffrey Matthew Harris for Appellant Financial Technology Association in 25-6164. Certificate of Service: 03/23/2026. [25-6164, 26-5005] (JMH) [Entered: 03/23/2026 04:32 PM] |
| Filing 18 RESPONSE in opposition filed regarding a motion, [ # 17 ]; previously filed by Mr. Judson Owen Littleton for Forcht Bank, NA, Kentucky Bankers Association and Bank Policy Institute in 26-5005, 25-6164. Response from Attorney Mr. Thomas Kim for Appellants CFPB and Mr. Russell Vought in 26-5005. Certificate of Service: 03/23/2026. [26-5005, 25-6164] (TK) [Entered: 03/23/2026 11:59 AM] |
| Filing 17 MOTION filed by Mr. Judson Owen Littleton for Bank Policy Institute, Forcht Bank, NA and Kentucky Bankers Association in 25-6164, Mr. Judson Owen Littleton for Forcht Bank, NA, Kentucky Bankers Association and Bank Policy Institute in 26-5005 to hold case in abeyance. Certificate of Service: 03/13/2026. [25-6164, 26-5005] (JOL) [Entered: 03/13/2026 06:44 PM] |
| Filing 16 RULING LETTER SENT granting motions to extend time to file briefs [ # 15 ]. Resetting briefing schedule: appellants brief now due 06/22/2026, appellees brief now due 08/21/2026, appellants reply briefs now due 09/11/2026. [26-5005, 25-6164] (ASM) [Entered: 03/09/2026 02:56 PM] |
| Filing 15 MOTION filed by Mr. Thomas Kim for CFPB and Mr. Russell Vought in 26-5005 to extend time to file brief. Certificate of Service: 03/06/2026. [26-5005, 25-6164] (TK) [Entered: 03/06/2026 04:38 PM] |
| Filing 14 BRIEFING LETTER SENT resetting briefing schedule: appellants brief now due 03/19/2026, appellee brief now due 05/20/2026. [25-6164, 26-5005] (ASM) [Entered: 02/12/2026 12:19 PM] |
| Filing 13 LETTER SENT to Mr. Jeffrey Matthew Harris, Mr. Nicholas Browder Venable, Mr. Judson Owen Littleton, Mr. Jeffrey Bryan Wall, Mr. Thomas Kim and Mr. Russell Vought for amended case caption [25-6164, 26-5005] (ASM) [Entered: 02/12/2026 11:59 AM] |
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Filing 12
ORDER filed: The motion to consolidate is GRANTED. The clerk will issue a single briefing schedule by separate letter adopting the dates proposed by the parties. The appellants shall file separate appellant briefs, and the appellees shall file a single brief not to exceed 20,000 words. Thereafter, the appellants may file separate reply briefs. Parties may adopt arguments by reference within the brief or by filing a notification, without the need for a separate motion. Fed. R. App. P. 28(i), [ # 7479823-2 ], [ # 11 ]. [25-6164, 26-5005] (ASM) [Entered: 02/12/2026 11:34 AM]
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| Filing 11 MOTION filed by Mr. Thomas Kim for CFPB and Mr. Russell Vought to consolidate cases 26-5005 and 25-6164. Certificate of Service: 02/04/2026. [26-5005] (TK) [Entered: 02/04/2026 12:46 PM] |
| Filing 10 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Judson O. Littleton ; Kentucky Bankers Association makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? NO 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? NO Certificate of Service: 01/20/2026. [26-5005] (JOL) [Entered: 01/20/2026 03:33 PM] |
| Filing 9 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Judson O. Littleton ; Forcht Bank, NA makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? NO 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? NO Certificate of Service: 01/20/2026. [26-5005] (JOL) [Entered: 01/20/2026 03:32 PM] |
| Filing 8 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Judson O. Littleton ; Bank Policy Institute makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? NO 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? NO Certificate of Service: 01/20/2026. [26-5005] (JOL) [Entered: 01/20/2026 03:29 PM] |
| Filing 7 APPEARANCE filed for Appellees Bank Policy Institute, Forcht Bank, NA and Kentucky Bankers Association by Jeffrey B. Wall. Certificate of Service: 01/20/2026. [26-5005] (JBW) [Entered: 01/20/2026 03:21 PM] |
| Filing 6 APPEARANCE filed for Appellees Bank Policy Institute, Forcht Bank, NA and Kentucky Bankers Association by Judson O. Littleton. Certificate of Service: 01/20/2026. [26-5005] (JOL) [Entered: 01/20/2026 03:17 PM] |
| Filing 5 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 03/02/2026, appellee brief due 04/01/2026. (ASM) [Entered: 01/20/2026 02:48 PM] |
| Filing 4 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. Thomas Kim for Appellants CFPB and Mr. Russell Vought. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? Yes ; Case Name: Forcht Bank, NA, et al v. CFPB, et al , Citation: Case No. 25-6164 ; Was this case mediated through the court's program: No ; Please identify the party(ies) the appeal is being taken against: Bank Policy Institute, Forcht Bank, NA and Kentucky Bankers Association ,The Financial Technology Association has also filed a separate appeal of the same preliminary injunction, which has been docketed as case number 25-6164. ; Issues: Whether the district court erred in concluding that the plaintiffs are likely to succeed on the merits of their challenge to the Personal Financial Data Rights Rule. . [26-5005] (TK) [Entered: 01/20/2026 01:17 PM] |
| Filing 3 TRANSCRIPT ORDER filed - transcript is unnecessary for appeal purposes. Filed by Mr. Thomas Kim for CFPB and Mr. Russell Vought. Certificate of Service: 01/20/2026. [26-5005] (TK) [Entered: 01/20/2026 10:31 AM] |
| Filing 2 APPEARANCE filed for Appellants CFPB and Mr. Russell Vought by Thomas H. Kim. Certificate of Service: 01/12/2026. [26-5005] (TK) [Entered: 01/12/2026 03:36 PM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellants CFPB and Mr. Russell Vought. Transcript needed: y. (ASM) [Entered: 01/05/2026 02:29 PM] |
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