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PHH Corp. v. Consumer Financial Protection Bureau

United States Court of Appeals for the District of Columbia Circuit
881 F.3d 75 (2018)



The Consumer Financial Protection Bureau (CFPB) (defendant) was an independent financial regulator governed by a sole director. The director held wide authority over the CFPB’s business, including setting the CFPB’s agenda, deciding which regulations to promulgate, and managing the budget. The director served five-year terms and could be removed from office only for cause, including “inefficiency, neglect of duty, or malfeasance in office.” An administrative law judge (ALJ) for the CFPB issued a recommended decision sanctioning PHH Corporation (plaintiff). The director affirmed the sanction. PHH filed suit arguing that the CFPB’s structure, with limited oversight, limited accountability to the executive branch, and limited removal powers, violated the separation-of-powers doctrine.

Rule of Law


Holding and Reasoning (Pillard, J.)

Concurrence (Griffith, J.)

Concurrence (Wilkins, J.)

Dissent (Randolph, J.)

Dissent (Henderson, J.)

Dissent (Kavanaugh, J.)

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