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

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

The DC Circuit’s Big CFPB Ruling Carries Wide Implications. Here’s What’s Next 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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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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The CFPB petitioned the Court for a rehearing en banc, and on February 16, 2017, the D.C. Circuit granted the request. The en banc panel consisted of eleven judges: the active circuit judges, minus Chief Judge Merrick B. Garland who has recused himself from the proceedings, plus Senior Judge Randolph, who was on the original panel.

Covington’s industry-leading Consumer Financial Services practice focuses on:. The DC Circuit’s Big CFPB Ruling Carries Wide Implications. Here’s What’s Next.. the consumer financial protection bureau ("CFPB") issued its outline of proposals under consideration for a debt collection.

D.C. Circuit’s CFPB Decision: Findings and Implications. Allison Schoenthal and Gregory Lisa have contributed an article to the New York Law Journal titled D.C. Circuit’s CFPB Decision: Findings and Implications. Click here to read the full article on the New York Law Journal website. download pdf share Back To Listing

DC Circuit Court of Appeals Finds Structure of CFPB to be Constitutional: What The Most Recent phh mortgage decision means for You . The financial world waited with bated breath for the en banc decision of the DC Circuit Court of Appeals (the En Banc Court) in PHH Corporation, et al. v. Consumer Financial Protection Bureau, No. 15-1177,

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