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CFPB Requests Rehearing of Case Threatening Agency’s Structure

Submitted by jhartgen@abi.org on

The Consumer Financial Protection Bureau on Friday requested that a federal court hear arguments again in a case that called into question whether the independent agency’s governance structure is constitutional, MorningConsult.com reported. The CFPB’s petition seeks the reconsideration of an October ruling from the U.S. Court of Appeals for the District of Columbia Circuit that gave the president the ability to fire the CFPB’s director. The majority opinion in PHH v. CFPB, written by Judge Brett Kavanaugh, said the agency would be better served by a regulatory commission structure, a major victory for conservative critics of the CFPB who say its single-director structure makes it unaccountable and subject to overstepping its authority. That ruling, the CFPB argued in Friday’s petition, would impact the five-year-old agency and could hurt operations at other single-director agencies like the Social Security Administration and Federal Housing Finance Agency.