D.C. Circuit Appears Poised to Overturn First CFPB Enforcement Action to Reach the Court: Five Key Takeaways From Yesterday’s Oral Argument

By Jon Eisenberg and Irene C. Freidel

Yesterday, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in the first CFPB enforcement case to reach the court. The court appears poised to reverse the CFPB’s decision and also to rule that the concentration of power in a single CFPB Director not subject to removal at will by the President violates the Constitution’s separation of powers. We discuss five key takeaways from the oral argument that are important not only to the parties in the case but potentially to others facing enforcement actions by the CFPB or other government agencies.

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