DC Circ. Digs Deep On CFPB Constitutionality

Law360, Washington (May 24, 2017, 5:26 PM EDT) -- The D.C. Circuit plunged headlong into questions swirling around the Consumer Financial Protection Bureau's leadership structure in high-stakes litigation brought by a mortgage servicer seeking to overturn a $109 million judgment from the bureau.

An 11-judge en banc panel of the D.C. Circuit spent the majority of the approximately 90 minutes of oral arguments in the PHH Corp. v. CFPB case probing whether the bureau's single director leadership structure and a provision allowing the president to only remove the director for cause were a violation of the Constitution's separations of powers clause. The CFPB is attempting to reverse the split October...

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