Full D.C. Circuit Rules That CFPB Structure Is Constitutional

LexisNexis (May 3, 2018, 10:41 AM EDT) -- On October 16, 2016, a split panel of the D.C. Circuit ruled that the CFPB is unconstitutional because it violates the separation of powers. On January 31, 2018, the full D.C. Circuit reversed the panel and voted 7-3 to affirm the constitutionality of the CFPB, particularly its structure of a single director who can't be fired by the President without cause. PHH Corp. v. CFPB, 2018 U.S. App. LEXIS 2336 (1/31/18). Given the impact of the CFPB on bank deposit products and agreements, the new decision is significant indeed.  In this story, we will review the October 2016 ruling, then come back to the full D.C. Circuit decision, primarily in the words of the court....