We have previously written about some of the overreaches by the Consumer Financial Protection Bureau (CFPB). Last week, the D.C. Circuit Court of Appeals held in PHH Corporation v. CFPB that the structure of the CFPB is unconstitutional. Taking issue with the fact that the CFPB was headed by a single director removable by the President only “for cause”, the court fashioned a narow remedy by striking the director’s “for cause” removal protection. The court also held that the CFPB’s retroactive application of a new interpretation to years-settled law was an affront to the Due Process Clause and remanded the case for further considerations in light of this holding. For more information on this case, please read our recent OnPoint.
