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

DC Circuit Won’t Upend CFPB’s Single-Director Power Structure. Big Pictures and Fine Details.. you can sign up for an unlimited number of a wide range of complimentary newsletters.

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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.

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Today the United States Court of Appeals for the DC Circuit issued its long-awaited ruling in the PHH v. CFPB appeal (opinion here). LLW has written about the PHH case here and here before, and below are some quick takeaways from the court’s 110-page ruling for industry watchers: The court deter.

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Second, last Friday the CFPB filed a petition for en banc rehearing of the PHH decision, citing serious concerns about the DC Circuit’s "dramatic and unprecedented ruling." 2 The petition requests review of the holdings that found (1) the CFPB’s single-director structure to be unconstitutional, and (2) that the bureau misinterpreted RESPA.

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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.

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