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In a decision with enormous potential implications, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has ruled that the manner in which the CFPB is funded violates the Appropriations Clause of the U.S. Constitution. After reviewing the decision, we discuss: the CFPB’s strategic options for next litigation steps; the decision’s potential impact on existing regulations and ongoing rulemakings, ongoing and future enforcement litigation and investigations, and consent orders; and possible legislative fixes and the likelihood of bipartisan support.
Alan Kaplinsky, Senior Counsel in Ballard Spahr’s Consumer Financial Service Group, leads the discussion, joined by John Culhane, Richard Andreano, and Michael Gordon, partners in the Group.
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