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

. allows our clients to anticipate the evolving expectations of the consumer financial protection bureau (cfpb), the Federal Trade Commission (FTC), banking.

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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.

Financial Protection Bureau, 1275 First Street, NE., Washington, DC 20002. In 1925, Congress passed what is now known as the Federal Arbitration Act (FAA) to.. resulting from the aggregation of a large number of claims for statutory.. consumers and companies, such as impacts on the incidence of consumer claims.

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The DC Circuit’s Big CFPB Ruling Carries Wide Implications. Here’s What’s Next. ALM Media. the D.C. Circuit’s ruling in PHH v. CFPB keeps the status quo-the president can only remove the. Today the united states court of Appeals for the DC Circuit issued its long-awaited ruling in the PHH v. CFPB appeal (opinion here).

D.C. Circuit’s Decision. Vacating and remanding the CFPB’s decision, the D.C. Circuit held that the CFPB’s structure-"an independent agency headed by a single Director" rather than a multi-member commission-violated Article II of the Constitution.

Implications for the CFPB After the D.C. Circuit’s Recess Appointments Decision January 28, 2013. The challenge to the CFPB in the District of Columbia is not very far along, and it is possible that the case. plaintiffs who refuse to comply with CFPB rules.

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In October 2016, a conservative panel on the D.C. Circuit ruled, 2-1, that too much unilateral power was concentrated in the independent Director of the Consumer Financial Protection Bureau, unconstitutionally infringing upon the President’s Article II executive powers.. In February, the full D.C. Circuit agreed to en banc rehearing of this case-entitled PHH Corporation v.

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