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

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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.

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 President to fire the CFPB director at will.

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the Director of the Consumer Financial Protection Bureau.. against PHH, a large mortgage lender, and its captive reinsurer, Atrium.

However, regardless of whether PHH pursues an appeal, in unanimously reinstating the DC Circuit’s October 2016 ruling as to the RESPA issues, the decision has some important implications for the settlement services industry. The decision may provide support for other activities that rely on the Section

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The petitioner here, PHH, is a mortgage lender and was the subject of a cfpb enforcement action that resulted in a $109 million order against . In seeking to vacate the orderit , PHH argues that the CFPB’s status as an independent agency headed by a single Director violates Article II of the Constitution.

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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