The DC Circuit’s Big CFPB Ruling Carries Wide Implications. Here’s What’s Next

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From Washington Lawyer, September 2005. By Ronald Goldfarb. In its majority opinion denying a reporter’s claimed privilege to refuse to respond to subpoenas, decided in February 2005, the U.S. Court of Appeals for the District of Columbia Circuit remarked: "The Highest Court has spoken and never revisited the question.

The petitioner here, PHH, is a mortgage lender and was the subject of a CFPB enforcement action that resulted in a $109 million order against . In seeking to vacate the orderit , PHH argues that the CFPB’s status as an independent agency headed by a single Director violates Article II of the Constitution.

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