Today the United States Court of Appeals for the DC Circuit issued its long-awaited ruling in the PHH v. CFPB appeal (opinion here). LLW has written about the PHH case here and here before, and below are some quick takeaways from the court’s 110-page ruling for industry watchers: The court deter.
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On January 31, 2018, the US Court of Appeals for the District of Columbia Circuit issued a ruling en banc in PHH Corporation v.CFPB that may have a significant impact on the future operations of the CFPB, as well as on industry participants’ responses to supervision and enforcement. Specifically, the court upheld the constitutionality of the CFPB’s structure as an independent financial federal.
The D.C. Circuit’s Ruling. Constitutionality of the CFPB’s Structure. After the D.C. Circuit panel hearing the case raised sua sponte constitutional concerns about the CFPB’s structure, PHH argued that the CFPB’s status as an independent agency headed by a single director violates Article II of the U.S. Constitution.
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PHH sought review in the D.C. Circuit, and a panel of that court had stayed the Bureau’s order pending appeal. The Bureau’s Structure Is Unconstitutional In Part. The D.C. Circuit first held that "the CFPB is unconstitutionally structured because it is an independent agency headed by a single Director." Slip Op. at 64.
The petitioner here, PHH, is a mortgage lender and was the subject of a CFPB enforcement action that resulted in a $109 million order against . In seeking to vacate the orderit , PHH argues that the CFPB’s status as an independent agency headed by a single Director violates Article II of the Constitution.
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