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

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OMB director Mick Mulvaney. Credit: White House The Consumer Financial Protection Bureau is moving to stop at least two companies from continuing to argue that enforcement actions should be dismissed based on an alleged defect in the agency’s power structure. Defense lawyers for the companies-the mortgage loan servicer Ocwen Financial Corp. and All American Check Cashing Inc.-had raised.

On October 11, 2016 the D.C. Circuit in PHH Corporation v. CFPB, No. 15-1177, struck down the Consumer Financial Protection Bureau’s (CFPB) leadership structure as unconstitutional. In short, the court ruled that Congress may not create a powerful independent agency led by a single director, rather.

Today the United States Court of Appeals for the DC Circuit issued its long-awaited ruling in the PHH v. CFPB appeal (opinion here). LLW has written about the PHH case here and here before, and below are some quick takeaways from the court’s 110-page ruling for industry watchers: The court deter.

Second, last Friday the CFPB filed a petition for en banc rehearing of the PHH decision, citing serious concerns about the DC Circuit’s "dramatic and unprecedented ruling." 2 The petition requests review of the holdings that found (1) the CFPB’s single-director structure to be unconstitutional, and (2) that the bureau misinterpreted RESPA.

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News DC Circuit Won’t Upend CFPB’s Single-Director Power Structure "Applying binding Supreme Court precedent, we see no constitutional defect in the statute preventing the president from firing.

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