• CFPB Obtains Rehearing in PHH Case
  • April 18, 2017 | Author: Christopher R. Rahl
  • Law Firm: Gordon Feinblatt LLC - Baltimore Office
  • As we reported in our November 2016 Maryland Legal Alert and December 2016 Maryland Legal Alert, the Court of Appeals for the District of Columbia held the single director structure of the Consumer Financial Protection Bureau (CFPB) unconstitutional, because it lacked the presidential control or "substitute check" required by Article II of the United States Constitution. The D.C. Circuit also rejected the CFPB's argument that statutes of limitation do not apply to CFPB administrative enforcement actions and held that the CFPB violated PHH's due process rights by retroactively applying a new RESPA interpretation to PHH's prior conduct. The CFPB filed a petition for rehearing before an en banc panel of the D.C. Circuit and that petition was granted on February 16, 2017. The D.C. Circuit vacated the Court's October 2016 judgment and set a hearing date for May 24, 2017. We will continue to closely monitor this case.