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

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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),

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The D.C. Circuit’s Ruling. Constitutionality of the CFPB’s Structure. After the D.C. Circuit panel hearing the case raised sua sponte constitutional concerns about the CFPB’s structure, PHH argued that the CFPB’s status as an independent agency headed by a single director violates Article II of the U.S. Constitution.

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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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On January 31, 2018, the US Court of Appeals for the District of Columbia Circuit issued a ruling en banc in PHH Corporation v. CFPB that may have a significant impact on the future operations of the CFPB, as well as on industry participants’ responses to supervision and enforcement.

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