Date Set for Court Challenge of CFPB’s Authority – NMP Skip to main content

Date Set for Court Challenge of CFPB’s Authority

Jan 25, 2016
History may be made on April 12, the date set by the U.S. Circuit of Appeals for the District of Columbia for a landmark case challenging the regulatory authority of the Consumer Financial Protection Bureau (CFPB)

History may be made on April 12, the date set by the U.S. Circuit of Appeals for the District of Columbia for a landmark case challenging the regulatory authority of the Consumer Financial Protection Bureau (CFPB).

According to a Wall Street Journal Report, the upcoming case involves the CFPB’s enforcement actions against PHH Corporation, which was charged by the agency with violating the Real Estate Settlement Procedures Act by allegedly taking kickbacks from mortgage insurers. An Administrative Law Judge within the CFPB issued a $6.4 million penalty against PHH, which appealed the decision. CFPB Director Richard Cordray reviewed the appeal and increased the penalty to $109 million.

The PHH lawsuit marks the first time that a U.S. financial institution is using the courts to question the regulatory enforcement powers of the CFPB in general and Cordray’s authority in particular.

“This brazen disregard for judicial authority, agency precedent and fair notice is a symptom of the larger constitutional problems,” PHH argued in a court filing. “The CFPB places legislative, executive and judicial power all ‘in the same hands’ of a single person—what James Madison called ‘the very definition of tyranny.’”

About the author
Published
Jan 25, 2016
When AI Takes Action: New Federal Framework Raises Questions

New federal banking guidance examines the risks of autonomous AI, from borrower communications to servicing transactions, with a focus on human oversight and accountability

States Tighten Mortgage Rules For Home Equity Investments

Massachusetts, Maine, and Illinois are expanding oversight of home equity financing

West Capital LO Challenges Contractor Status, Required Fees

A former originator alleges unpaid overtime, recurring tech charges, and company restrictions that he says undermine his independent-contractor status

CFPB Closes 40% Of Investigations, Keeps Mortgage Enforcement In Focus

The federal watchdog closed thousands of supervisory and investigative matters as it narrowed oversight

Midterms Loom With Mortgage Policy Changes Already In Motion

As voters head to the polls Tuesday, Washington is weighing changes to refinancing costs, loan pricing, and lending regulations

UAD 3.6 Deadline Is Monday. Are Brokers Ready?

Wholesale lenders have adopted different rules for appraisal transfers, loan product changes, and reporting formats, adding complications for brokers and appraisers ahead of the Nov. 2 mandate