Client Alert On Tuesday, October 11, the U.S. Court of Appeals for the D.C. Circuit issued an important decision involving the Consumer financial protection bureau ("CFPB").Not only did the Court find that the agency’s structure was unconstitutional, it also ruled that the CFPB violated due process, and is subject to the statutes of limitations embodied in the laws it seeks to enforce.

Nation’s second-highest court upholds reversal of the CFPB’s enforcement ruling, but finds cfpb structure constitutional. moving forward, if this holding survives a possible appeal in the U.S. Supreme Court by the White House or from PHH Corp., this decision will likely have major implications for government enforcement agencies and anyone that is targeted in an enforcement action.

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This is the case here even though the D.C. Circuit has generally become more agency-friendly in recent years as a result of President Obama’s four appointments to the court. The CFPB can now ask the full D.C. Circuit to rehear the case en banc. If that fails, a Supreme Court petition would be the next step.

Reverse Mortgage Quick Facts – Rate Zip However, any amount they borrow and don’t repay will grow over time, typically at a variable interest rate. People who use reverse mortgages to pay off debt early in retirement can wind up unable to.

Today, the D.C. Circuit Court of Appeals, sitting en banc, held that the structure of the CFPB is constitutional, overturning an earlier ruling by a panel of the Court that would have allowed the.

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. Montgomery. Continue Reading .

Home > Financial Services/CFPB > CFPB’s Constitutionality Affirmed in En Banc DC Circuit Ruling. CFPB’s Constitutionality Affirmed in En Banc DC Circuit Ruling By R. Andrew Arculin, Allyson B. Baker, Jonathan L. Pompan, Gerald S. (Gerry) Sachs, Peter S. Frechette and Sameer P. Sheikh on February 2, 2018