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.
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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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.
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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,
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The DC Circuit’s Big CFPB Ruling Carries Wide Implications. Here’s What’s Next The decision Wednesday upholding the agency’s power structure won’t be the last word.