The DC Circuit’s Big CFPB Ruling Carries Wide Implications. Here’s What’s Next

Part I of this alert addressed the DC Circuit’s holding in PHH Corp. v. CFPB that the Consumer Financial Protection Bureau’s single director structure is unconstitutional. Part II addresses the next part of the opinion, where the DC Circuit found that the CFPB misinterpreted the Real Estate Settlement Procedures Act (RESPA),

PHH sought review in the D.C. Circuit, and a panel of that court had stayed the Bureau’s order pending appeal. The Bureau’s Structure Is Unconstitutional In Part. The D.C. Circuit first held that "the CFPB is unconstitutionally structured because it is an independent agency headed by a single Director." Slip Op. at 64.

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The Consumer Financial Protection Bureau (CFPB) is an agency of the United States government responsible for consumer protection in the financial sector.CFPB’s jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors and other financial companies operating in the United States.

Today, the D.C. Circuit Court of Appeals, sitting en banc, held that the structure of the CFPB is constitutional, overturning an earlier ruling by a panel of the Court that would have allowed the.

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CFPB’s Constitutionality Affirmed in En Banc DC Circuit Ruling By R. Andrew Arculin, Allyson B. Baker, Jonathan L. Pompan, Gerald S. (Gerry) Sachs, Peter S. Frechette and Sameer P. Sheikh on February 2, 2018. Sitting en banc, the U.S. Court of Appeals for the DC Circuit ruled that the Consumer Financial Protection Bureau’s (CFPB) structure.

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In a spirited oral argument on April 12, a panel of the US Court of Appeals for the DC Circuit questioned the constitutionality of the Consumer Financial Protection Bureau’s (CFPB’s) governance structure. Specifically, the court is examining the decision by the US Congress to concentrate the.

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A team from Gibson Dunn fought the CFPB in the D.C. Circuit-and now they’re in the Fifth Circuit challenging the agency’s single-director design. Will one of these cases reach the U.S. Supreme.