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

PDF United States Court of Appeals – The petitioner here, PHH, is a mortgage lender and was the subject of a CFPB enforcement action that resulted in a $109 million order against . In seeking to vacate the orderit , PHH argues that the CFPB’s status as an independent agency headed by a single Director violates Article II of the Constitution.

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D.C. Circuit Strikes Down CFPB Leadership Structure – 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.

DC Circuit grants rehearing in PHH v. CFPB – Think Compliance – Today, the DC Circuit granted the CFPB’s petition for rehearing en banc regarding a ruling issued last October by a three-judge panel that declared the CFPB’s structure unconstitutional.. The court ordered that the panel’s October 11, 2016 judgment be vacated. The court also set a briefing schedule: PHH must submit its opening brief by March 10.

Gibson Dunn's Ted Olson Puts New Squeeze on Consumer Bureau – 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.

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DC Circuit Rules CFPB's Structure Unconstitutional-Overturns. – Because of broader implications of making such an argument, we do not believe the Justice Department and the Solicitor General will support an appeal by the CFPB of the substance of the ruling. A compromise approach might be to argue instead that the dissent was correct-that there was no reason for the court to reach the Article 2 issue.

D.C. Circuit's CFPB Decision: Findings and Implications – On Oct. 11, 2016, in PHH Corp. v. Consumer Financial Protection Bureau, 1 the U.S. Court of Appeals for the District of Columbia Circuit issued a sweeping ruling against the Consumer Financial protection bureau (cfpb), holding that the independent single-director model was constitutionally impermissible.

D.C. Circuit Finds Single-Director Structure of the CFPB. – On October 11, 2016, the D.C. Circuit Court of Appeals held in PHH Corp. v. CFPB that the structure of the Consumer Financial Protection Bureau ("CFPB") as an independent agency headed by a single Director violated Article II of the Constitution.

Mortgage Foreclosures, Missing Promissory Notes, and the. – Big banks request intervention in FHFA lawsuits More than a dozen banking giants filed a joint petition, urging a U.S. Appeals Court to step in and reverse several rulings by U.S. District Court Judge Denise Cote, who is accused of depriving the companies of evidence to defend their cases.

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