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

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. Will one of these cases reach the U.S. Supreme.

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Eric Mogilnicki is quoted by The National Law Journal in an article regarding the significance of a federal appeals court ruling upholding the lawfulness of the CFPB’s single-director structure. "The combination of that opinion and Acting Director Mulvaney’s recent statement that the bureau would stop ‘pushing the envelope’ on enforcement matters will provide PHH with strong arguments for why the case should be dropped," says Mogilnicki.

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The lesson for homeowners is clear: there is a big difference in how a loan servicer responds when. settlement to fund legal services for struggling homeowners for the next three years. When it.

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Implications of the DC Circuit Court’s Ruling in PHH v. CFPB. This linkage by the prudential bank regulators of consumer protection issues to safety and soundness considerations may prove more sheltered from judicial review than the CFPB’s single enforcement focus on consumer protection.

Today, the DC Circuit granted the CFPB’s petition for rehearing en banc regarding a ruling issued last October by a three-judge panel that declared the CFPB’s structure unconstitutional.. The court ordered that the panel’s October 11, 2016 judgment be vacated. The court also set a briefing schedule: PHH must submit its opening brief by March 10.

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The basic push here is against the “possession” standard that serves as the core of the Federal Circuit’s written description requirement. Apart from any policy arguments – Amgen argues that the.