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D.C. Circuit Rules the Single-Director Structure of the CFPB Is Unconstitutional.. We describe below the court’s ruling and explore the potential implications for the CFPB and regulated entities as we approach the presidential election.. How the next president may react to the ruling.
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The DC Circuit’s Big CFPB Ruling Carries Wide Implications. Here’s What’s Next. Either side could decide to take the dispute to the U.S. Supreme Court, and things could get tricky there. For the moment, the D.C. Circuit’s ruling in PHH v. CFPB keeps the status quo-the president can only remove the agency director for cause, not at will,
South Florida Real Estate Market Update The DC Circuit’s Big CFPB Ruling Carries Wide Implications. Here’s What’s Next On June 21, 2018, Judge Preska of the Southern District of New York ("SDNY") issued a decision finding that the CFPB’s single-director-removable-only-for-cause structure is unconstitutional.
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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.
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.