DC Circ. Single-Director Ruling May Hinder CFPB Enforcement

Law360, New York (October 12, 2016, 6:57 PM EDT) -- The D.C. Circuit on Tuesday made it more complicated for the Consumer Financial Protection Bureau to bring some enforcement actions in both federal court and through administrative proceedings, and may have strengthened companies' hands in trying to fend off certain claims, experts say.

Although the D.C. Circuit's decision in PHH Corp.'s appeal of a $109 million penalty assessed by the CFPB grabbed headlines for the court's declaration that the bureau's structure was unconstitutional, the decision also invalidated the bureau's penalty against the company. In doing so, the D.C. Circuit laid out what it found were major problems in the way the...

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