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Expert Analysis

DC Circ. CFPB Decision Is A Big Win For Industry

By Joseph Palmore, Donald Lampe and Bryan Leitch (February 7, 2018, 12:06 PM EST) -- There was something for everyone in Jan. 31's long-awaited decision from the en banc D.C. Circuit in PHH Corp. v. CFPB. In the part of the decision that has garnered widespread attention, the D.C. Circuit held that the structure of the Consumer Financial Protection Bureau is constitutional. At the same time, however, the court reinstated an earlier panel decision that soundly rejected every statutory argument advanced by the CFPB in the underlying adjudication while also holding that the agency had violated constitutional fair-notice principles....

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