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Analysis

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...
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