In November 2018, the U.S. Supreme Court heard oral argument in the case of Timbs v. Indiana, which presents the issue of whether the prohibition on excessive fines in the Eighth Amendment of the U.S. Constitution is incorporated against the States under the Fourteenth Amendment.   Although it involves a civil asset forfeiture arising from the petitioner’s criminal conviction, the case could have significant implications for consumer financial services companies facing fines and penalties sought by State attorneys general and regulators.

In this week’s podcast, we review the litigation and lower court decisions and discuss how the case could provide companies with a constitutional basis for challenging such fines and penalties as State attorneys general and regulators ramp up their supervisory and enforcement to fill the void created by a less aggressive CFPB.