CFPB Granted en banc rehearing in PHH v. CFPB

Sunday, April 09, 2017 8:21 PM | Anonymous

The D.C. Circuit federal appeals court vacated the prior three judge panel October 11, 2016, ruling on claims of PHH Corp. raised in a case challenging a CFPB enforcement action which had imposed a $109 million fine.  The D.C. Circuit had ruled that “unchecked power” given to the director of the Consumer Financial Protection Bureau is unconstitutional, and fashioned a remedy giving the president the power to supervise and remove the agency’s director.

On February 16, 2017, the U.S. Court of Appeals for the D.C. Circuit entered an order granting the Consumer Financial Protection Bureau’s (CFPB) petition for rehearing en bancin the PHH Corporation, et al., v. Consumer Financial Protection Bureau case. The court based its decision on amici curiae briefs supporting the petition, the United States’ response to the petition, the petitioners’ response to the petition, the petitioners’ supplemental response, and a majority of eligible judges’ vote in favor of the petition. The order vacates the panel’s October 2016 judgment, sets a briefing schedule, and sets May 24, 2017 as the date for oral argument.

UPDATE:  The United States Justice Department has requested 10 minutes of oral argument time.

The case is PHH Corporation v. Consumer Financial Protection Bureau.

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