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

On Oct. 11, 2016, in PHH Corp. v. Consumer Financial Protection Bureau, 1 the U.S. Court of Appeals for the District of Columbia Circuit issued a sweeping ruling against the Consumer Financial Protection Bureau (CFPB), holding that the independent single-director model was constitutionally impermissible.

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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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On October 11th, the US Court of Appeals for the DC Circuit ruled that the CFPB cannot continue to operate under the leadership of a lone individual unencumbered by any branch of government. In stark contrast to other federal agencies, the Bureau has thus far had a single director, Richard Cordray, who could only be removed from his position "for cause" and not at the president’s volition.

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On October 11, 2016 the D.C. Circuit in PHH Corporation v. CFPB, No. 15-1177, struck down the Consumer Financial Protection Bureau’s (CFPB) leadership structure as unconstitutional. In short, the court ruled that Congress may not create a powerful independent agency led by a single director, rather.

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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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