Case: Consumer Financial Protection Bureau v. Early Warning Services LLC

24-cv-03652 | U.S. District Court for the District of Arizona

Filed Date: Dec. 20, 2024

Closed Date: March 4, 2025

Clearinghouse coding complete

Case Summary

This is a case challenging a group of banks’ oversight of a money transfer platform.  Zelle is a peer-to-peer money transfer platform that was created by a group of banks through a financial tech and consumer reporting company called Early Warning Services LLC (EWS). On December 20, 2024, the Consumer Financial Protection Bureau (CFPB) filed this lawsuit in the U.S. District Court for the District of Arizona. The CFPB sued EWS, Bank of America, JPMorgan Chase Bank, and Wells Fargo Bank for viol…

This is a case challenging a group of banks’ oversight of a money transfer platform. 

Zelle is a peer-to-peer money transfer platform that was created by a group of banks through a financial tech and consumer reporting company called Early Warning Services LLC (EWS). On December 20, 2024, the Consumer Financial Protection Bureau (CFPB) filed this lawsuit in the U.S. District Court for the District of Arizona. The CFPB sued EWS, Bank of America, JPMorgan Chase Bank, and Wells Fargo Bank for violations of the Consumer Financial Protection Act of 2010 (CFPA) and the Electronic Fund Transfer Act (EFTA). The CFPB alleged that the defendants failed to take appropriate and effective measures to prevent and detect fraud on the Zelle network. It further alleged that the defendants failed to follow the error-resolution requirements of the EFTA by not treating certain transfers as unauthorized EFTs and failing to reasonably investigate Notices of Error. The CFPB sought a permanent injunction, monetary relief, and civil money penalties. The case was assigned to District Judge Susan M. Brnovich.

After a change in presidential administration, on March 4, 2025, the CFPB filed a notice of voluntary dismissal. A day later, the court dismissed the case. This case is now closed. 

Summary Authors

Alexis Gil (6/19/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69489678/parties/consumer-financial-protection-bureau-v-early-warning-services-llc/


Judge(s)

Brnovich, Susan Marie (Arizona)

Attorney for Plaintiff

Brunner, Benjamin Richard (Arizona)

Buchholz, Benjamin (Arizona)

Attorney for Defendant

Beauchamp, Keith (Arizona)

Chapin, Benjamin (Arizona)

Documents in the Clearinghouse

Documents in this case
1

24-cv-03652

Complaint for Permanent Injunction, Monetary Judgment, Civil Penalty Judgment, and Other Relief

Dec. 20, 2024

Dec. 20, 2024

Complaint
39

24-cv-03652

Plaintiff's Notice of Dismissal

Consumer Financial Protection Bureau v. Early Warning Services LLC et al.

March 4, 2025

March 4, 2025

Pleading / Motion / Brief
43

24-cv-03652

Order of Dismissal With Prejudice

Consumer Financial Protection Bureau v. Early Warning Services LLC et al.

March 5, 2025

March 5, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69489678/consumer-financial-protection-bureau-v-early-warning-services-llc/

Last updated Sept. 6, 2026, 3:14 a.m.

Docket for: Consumer Financial Protection Bureau v. Early Warning Services LLC
ECF Number Date Description Link
1 Dec. 20, 2024

*COMPLAINT filed by Consumer Financial Protection Bureau. (submitted by Benjamin Brunner) (Attachments: # 1 Civil Cover Sheet)(REK) *Modified to Seal Pursuant to Doc. 40 on 3/5/2025 (MAP). (Entered: 12/20/2024)

1 Civil Cover Sheet

View on PACER

Clearinghouse
2 Dec. 20, 2024

SUMMONS Submitted by Consumer Financial Protection Bureau. (submitted by Benjamin Brunner) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(REK) (Entered: 12/20/2024)

RECAP
3 Dec. 20, 2024

This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-24-03652-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 12/20/2024)

RECAP
4 Dec. 20, 2024

Summons Issued as to Bank of America NA, Early Warning Services LLC, JPMorgan Chase Bank NA, Wells Fargo Bank NA. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 12/20/2024)

RECAP
5 Dec. 20, 2024

MOTION to Seal Document Lodged Complaint by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order Proposed Order)(Brunner, Benjamin) (Entered: 12/20/2024)

RECAP
6 Dec. 20, 2024

*FILED at Doc. 20 *SEALED LODGED Proposed Complaint_Unredacted re: 5 MOTION to Seal Document Lodged Complaint. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Consumer Financial Protection Bureau. (Brunner, Benjamin) *Modified on 1/14/2025 (MAP). (Entered: 12/20/2024)

RECAP
7 Dec. 20, 2024

ORDER this matter having recently come before this Court, the parties are advised of the following preliminary policies and procedures that will govern these proceedings and are ordered as follows. IT IS FURTHER ORDERED that Plaintiff(s) must promptly serve a copy of this Order on Defendant(s) and file notice of service with the Clerk of Court. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 12/20/2024. (ESG) (Entered: 12/20/2024)

RECAP
8 Dec. 20, 2024

ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on March 20, 2025. Signed by Judge Susan M. Brnovich on 12/20/2024. (ESG) (Entered: 12/20/2024)

RECAP
9 Dec. 26, 2024

SERVICE EXECUTED filed by Consumer Financial Protection Bureau: Rule 4 Waiver of Service of Summons. Waiver sent on 12/20/2024 to Early Warning Services, LLC . (Steimel, Noah) (Entered: 12/26/2024)

RECAP
10 Dec. 26, 2024

SERVICE EXECUTED filed by Consumer Financial Protection Bureau: Rule 4 Waiver of Service of Summons. Waiver sent on 12/20/2024 to Bank of America, N.A. . (Steimel, Noah) (Entered: 12/26/2024)

RECAP
11 Dec. 26, 2024

SERVICE EXECUTED filed by Consumer Financial Protection Bureau: Rule 4 Waiver of Service of Summons. Waiver sent on 12/20/2024 to JPMorgan Chase Bank, N.A. . (Steimel, Noah) (Entered: 12/26/2024)

RECAP
12 Dec. 26, 2024

SERVICE EXECUTED filed by Consumer Financial Protection Bureau: Rule 4 Waiver of Service of Summons. Waiver sent on 12/20/2024 to Wells Fargo Bank, N.A. . (Steimel, Noah) (Entered: 12/26/2024)

RECAP
13 Dec. 27, 2024

NOTICE re: Service by Consumer Financial Protection Bureau re: 7 Order, . (Taxy, Samuel) (Entered: 12/27/2024)

RECAP
14 Jan. 8, 2025

STIPULATION Re Plaintiffs Motion to Temporarily Seal Complaint And Notice of Lodging Proposed Form of Stipulated Order by Bank of America NA. (Attachments: # 1 Proposed Order Proposed Order)(Marshall, Gregory) (Entered: 01/08/2025)

RECAP
15 Jan. 8, 2025

Disclosure Statement by JPMorgan Chase Bank NA identifying Corporate Parent JPMorgan Chase & Co. for JPMorgan Chase Bank NA. (Goodwin, Nicole) (Entered: 01/08/2025)

RECAP
16 Jan. 8, 2025

Disclosure Statement by Bank of America NA. (Marshall, Gregory) (Entered: 01/08/2025)

RECAP
17 Jan. 9, 2025

Disclosure Statement by Early Warning Services LLC identifying Other Affiliate U.S. Bank National Association, Other Affiliate Truist Bank, Other Affiliate PNC Bank National Association, Other Affiliate Capital One, NA, Other Affiliate JPMorgan Chase Bank, N.A., Other Affiliate Wells Fargo Bank, National Association, Other Affiliate Bank of America NA for Early Warning Services LLC. (Beauchamp, Keith) (Entered: 01/09/2025)

RECAP
18 Jan. 9, 2025

Disclosure Statement by Wells Fargo Bank NA. (Messer, Joshua) (Entered: 01/09/2025)

RECAP
Jan. 10, 2025

Remark re Pro Hac Vice Motion

Jan. 10, 2025

Remark: Pro hac vice motion(s) granted for Stacey K Grigsby on behalf of Defendant Early Warning Services LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 13, 2025

Remark re Pro Hac Vice Motion

Jan. 13, 2025

Remark: Pro hac vice motion(s) granted for D Jean Veta on behalf of Defendant Early Warning Services LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

19 Jan. 14, 2025

ORDER granting 5 Motion to Seal as follows: (1) Plaintiff's unredacted Complaint, lodged with Plaintiffs Motion to Temporarily Seal Complaint (Doc. 6 ), shall be temporarily sealed; (2) Defendants shall have 14 days from the date of filing of this Order to file motions seeking to continue sealing the unredacted Complaint or portions thereof; (3) If any Defendant files a motion to continue sealing portions of the unredacted Complaint, Plaintiff shall have seven days to file a response, and the moving Defendant shall have seven days thereafter to file a reply. Signed by Judge Susan M Brnovich on 1/14/25. (MAP) (Entered: 01/14/2025)

RECAP
20 Jan. 14, 2025

SEALED (Unredacted) Complaint by Consumer Financial Protection Bureau. (MAP) (Entered: 01/14/2025)

RECAP
Jan. 14, 2025

Remark re Pro Hac Vice Motion

Jan. 14, 2025

Remark: Pro hac vice motion(s) granted for Jonice Monique Gray, Matthew P Previn on behalf of Defendant Early Warning Services LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

21 Jan. 15, 2025

NOTICE of Appearance by David B Rosenbaum on behalf of Wells Fargo Bank NA. (Rosenbaum, David) (Entered: 01/15/2025)

RECAP
22 Jan. 15, 2025

NOTICE re: Service by Consumer Financial Protection Bureau re: 13 Notice (Other), 9 Service Executed, 11 Service Executed, 12 Service Executed, 10 Service Executed . (Steimel, Noah) (Entered: 01/15/2025)

RECAP
Jan. 16, 2025

Remark re Pro Hac Vice Motion

Jan. 16, 2025

Remark: Pro hac vice motion(s) granted for Valerie Hletko on behalf of Defendant Early Warning Services LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

23 Jan. 17, 2025

NOTICE of Appearance by Nicole Maroulakos Goodwin on behalf of JPMorgan Chase Bank NA. (Goodwin, Nicole) (Entered: 01/17/2025)

RECAP
24 Jan. 17, 2025

Joint MOTION for Primarily Consolidated MTD and Revised Briefing Schedule by Early Warning Services LLC. (Attachments: # 1 Proposed Order)(Fox, Andrew) (Entered: 01/17/2025)

Clearinghouse
Jan. 17, 2025

Remark: Pro hac vice motion(s) granted for Enu A Mainigi, Jesse T Smallwood on behalf of Defendant JPMorgan Chase Bank NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 17, 2025

Remark re Pro Hac Vice Motion

25 Jan. 21, 2025

ORDER granting the Joint 24 Motion to Set a Briefing Schedule and Authorize Filing of a Consolidated Motion to Dismiss. To permit adequate time for coordination on consolidated briefing, the briefing schedule shall be as follows: Motion to Dismiss: 4/21/2025; Response: 6/20/2025; Reply: July 21, 2025. The Parties shall confer for prefiling purposes on or prior to 3/21/2025. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 1/21/2025. (ESG) (Entered: 01/21/2025)

RECAP
Jan. 21, 2025

Remark: Pro hac vice motion(s) granted for Jamie Dycus on behalf of Defendant Wells Fargo Bank NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 21, 2025

Remark re Pro Hac Vice Motion

Jan. 23, 2025

Remark re Pro Hac Vice Motion

Jan. 23, 2025

Remark: Pro hac vice motion(s) granted for David S Lesser, Paul Alessio Mezzina on behalf of Defendant Wells Fargo Bank NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

26 Jan. 28, 2025

MOTION to Seal Document 1 Complaint Motion to Seal Complaint by Early Warning Services LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Fox, Andrew) (Entered: 01/28/2025)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Proposed Order

View on RECAP

RECAP
27 Jan. 28, 2025

MOTION to Seal Document 26 MOTION to Seal Document 1 Complaint Motion to Seal Complaint Motion to Seal Exhibit B to Motion to Seal Complaint by Early Warning Services LLC. (Attachments: # 1 Proposed Order)(Fox, Andrew) (Entered: 01/28/2025)

RECAP
28 Jan. 28, 2025

*FILED at Doc. 41 *SEALED LODGED Proposed Exhibit B to Motion to Seal Complaint re: 27 MOTION to Seal Document 26 MOTION to Seal Document 1 Complaint Motion to Seal Complaint Motion to Seal Exhibit B to Motion to Seal Complaint. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Early Warning Services LLC. (Fox, Andrew) *Modified on 3/5/2025 (MAP). (Entered: 01/28/2025)

RECAP
Jan. 29, 2025

Remark: Pro hac vice motion(s) granted for Matthew T Martens on behalf of Defendant Bank of America NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 29, 2025

Remark: Pro hac vice motion(s) granted for Benjamin Chapin, Denis Reagan Hurley, III, David S Lesser, Noah A Levine on behalf of Defendant Bank of America NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Jan. 29, 2025

Remark re Pro Hac Vice Motion

Jan. 29, 2025

Remark: Pro hac vice motion(s) granted for Timothy Perla on behalf of Defendant Bank of America NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

29 Jan. 31, 2025

NOTICE OF ATTORNEY APPEARANCE: Aleksandra Topczewska appearing for Consumer Financial Protection Bureau. . (Topczewska, Aleksandra) (Entered: 01/31/2025)

RECAP
30 Jan. 31, 2025

RESPONSE to Motion re: 26 MOTION to Seal Document 1 Complaint Motion to Seal Complaint, 5 MOTION to Seal Document Lodged Complaint filed by Consumer Financial Protection Bureau. (Attachments: # 1 Exhibit Exhibit A (lodged under seal))(Brunner, Benjamin) (Entered: 01/31/2025)

1 Exhibit Exhibit A (lodged under seal)

View on PACER

RECAP
31 Jan. 31, 2025

MOTION to Seal Document 30 Response to Motion, Exhibit A by Consumer Financial Protection Bureau. (Attachments: # 1 Proposed Order Proposed Order)(Brunner, Benjamin) (Entered: 01/31/2025)

1 Proposed Order Proposed Order

View on PACER

RECAP
32 Jan. 31, 2025

*FILED at Doc. 42 *SEALED LODGED Proposed Exhibit A re: 31 MOTION to Seal Document 30 Response to Motion, Exhibit A. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Consumer Financial Protection Bureau. (Brunner, Benjamin) *Modified on 3/5/2025 (MAP). (Entered: 01/31/2025)

RECAP
33 Feb. 7, 2025

REPLY to Response to Motion re: 26 MOTION to Seal Document 1 Complaint Motion to Seal Complaint Reply in Support of Defendants' Motion to Seal Complaint filed by Early Warning Services LLC. (Attachments: # 1 Exhibit A)(Fox, Andrew) (Entered: 02/07/2025)

RECAP
34 Feb. 7, 2025

MOTION to Seal Document 33 Reply to Response to Motion, Motion to Seal Exhibit A to Reply in Support of Motion to Seal Complaint by Early Warning Services LLC. (Attachments: # 1 Proposed Order)(Fox, Andrew) (Entered: 02/07/2025)

1 Proposed Order

View on PACER

RECAP
35 Feb. 7, 2025

*FILED at Doc. 37 *SEALED LODGED Proposed Exhibit A to Defendants' Reply in Support of Motion to Seal Complaint re: 34 MOTION to Seal Document 33 Reply to Response to Motion, Motion to Seal Exhibit A to Reply in Support of Motion to Seal Complaint. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Early Warning Services LLC. (Fox, Andrew) *Modified on 2/11/2025 (MAP). (Entered: 02/07/2025)

RECAP
36 Feb. 11, 2025

ORDER granting 34 Motion to Seal Exhibit A to Reply in Support of Motion to Seal Complaint. Signed by Judge Susan M Brnovich on 2/11/25. (MAP) (Entered: 02/11/2025)

RECAP
37 Feb. 11, 2025

Sealed Exhibit A to 33 Reply in Support of Motion to Seal Complaint by Early Warning Services LLC. (MAP) (Entered: 02/11/2025)

RECAP
38 Feb. 21, 2025

Disclosure Statement by Bank of America NA identifying Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation, Corporate Parent BAC North America Holding Company for Bank of America NA. (Marshall, Gregory) (Entered: 02/21/2025)

RECAP
Feb. 21, 2025

Remark re Pro Hac Vice Motion

Feb. 27, 2025

Remark: Pro hac vice motion(s) granted for Matthew W Lachman on behalf of Defendant JPMorgan Chase Bank NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Feb. 27, 2025

Remark re Pro Hac Vice Motion

39 March 4, 2025

NOTICE of Voluntary Dismissal by Consumer Financial Protection Bureau. (Jacques, Stephen) (Entered: 03/04/2025)

Clearinghouse
40 March 5, 2025

ORDER granting 26 Motion to Seal Complaint. The Clerk of Court is directed to file under seal the Complaint. FURTHER ORDERED that Defendants' Motion to Seal Exhibit B to Motion to Seal Complaint is GRANTED. The Clerk of Court is directed to file under seal Exhibit B to Defendants' Motion to Seal (Doc. 28). FURTHER ORDERED granting 31 Plaintiff's Motion to Seal Exhibit A. The Clerk of Court is directed to file under seal Exhibit A to Plaintiff's Opposition to Defendants' Motion to Seal Complaint (Doc. [ 32 ). Signed by Judge Susan M Brnovich on 3/5/25. (MAP) (Entered: 03/05/2025)

RECAP
41 March 5, 2025

Sealed Exhibit B to 26 Motion to Seal by Early Warning Services LLC. (MAP) (Entered: 03/05/2025)

RECAP
42 March 5, 2025

Sealed Exhibit A to 30 Response to Motion to Seal by Consumer Financial Protection Bureau. (MAP) (Entered: 03/05/2025)

RECAP
43 March 5, 2025

ORDER Pursuant to Consumer Financial Protection Bureau's Notice of Dismissal (Doc. 39 ), IT IS ORDERED dismissing this case with prejudice. IT IS FURTHER ORDERED directing the Clerk of Court to terminate this case. Signed by Judge Susan M. Brnovich on 3/5/2025. (ESG) (Entered: 03/05/2025)

Clearinghouse

Case Details

State / Territory:

Arizona

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Trump Administration 2.0: Reversing Course on Existing Litigation

Key Dates

Filing Date: Dec. 20, 2024

Closing Date: March 4, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff is the Consumer Financial Protection Bureau (CFPB). The Bureau is an independent agency of the United States charged with regulating the offering and provision of consumer financial products or services under the Federal consumer financial laws.

Plaintiff Type(s):

Non-DOJ federal government plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Bank of America, N.A.

Defendants Early Warning Services, LLC

JPMorgan Chase Bank, N.A.

Wells Fargo Bank, N.A.

Defendant Type(s):

Bank or credit provider

Facility Type(s):

Non-government for-profit

Case Details

Other Dockets:

District of Arizona 24-cv-03652

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Damages

Injunction

Relief Granted:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Predatory lending

Recommended Citation