We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close


CFPB Constitutional Fight Faces Tough Supreme Court Path

Law360, Washington (January 31, 2018, 9:05 PM EST) -- Although mortgage servicer PHH Corp. lost its constitutional challenge to the Consumer Financial Protection Bureau's structure on Wednesday at the D.C. Circuit, the path forward for any appeal to the U.S. Supreme Court remains extremely complicated, experts say.

The D.C. Circuit ruled 7-3 that the CFPB's single-director structure, which only allows the president to fire the director for cause rather than at will, is not a violation of the president’s powers under Article II of the Constitution, despite PHH's challenge of the structure.

While the loss...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.