Analysis

DC Circ. Could Punt On CFPB Constitutionality Question

Law360, New York (May 22, 2017, 3:43 PM EDT) -- The D.C. Circuit is set to hear arguments Wednesday in a case that could reshape the Consumer Financial Protection Bureau, but experts say the court could instead choose to answer a less fraught question about the bureau's interpretation of a fair lending law.

The full panel of D.C. Circuit judges will rehear a case challenging the CFPB's single-director leadership structure as unconstitutional after a split October ruling by a three-judge panel determined that the answer to that question was yes.

But the case also has a prong looking at the CFPB's interpretation of the Real Estate Settlement Procedures Act, which led...

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