Newsroom

November 18, 2016

CFPB appeals ruling that found its structure unconstitutional

CFPB filed a petition in the U.S. Court of Appeals for the D.C. Circuit on Friday appealing the court's initial ruling that found its structure unconstitutional on grounds that the decision would interfere with Congress's ability to create independent agencies led by a single director.

When the court ruled that CFPB's structure was unconstitutional because it is headed by a single director that can only be removed for cause, NAFCU urged an immediate moratorium at the bureau on any rulemakings not already implemented. However, there is no guarantee that the appeal will be granted because a majority of the sitting active judges must vote to hear the CFPB's petition.

In its petition, the CFPB pointed to other independent agencies, including the Social Security Administration, the Federal Housing Finance Agency and Office of Special Counsel, to help make its case.

The court did not shut down the bureau, allowing it to operate as a regular executive agency for the time being, but did give the president the power to remove and supervise the director. If the court's decision is upheld, CFPB Director Richard Cordray could be replaced with a new director by president-elect Donald Trump before his term ends in 2018.

NAFCU also supports pending legislation that would move the bureau from a single director to a five-person commission.