Justices appear split on the constitutionality of the bureau’s leadership structure; hear why in arguments for Seila Law v. Consumer Financial Protection Bureau.
3/11/2020 12:00
The U.S. Supreme Court is considering a decision on the constitutionality of the Consumer Financial Protection Bureau’s leadership structure that continues to bring the issue to the forefront on Capitol Hill.
How will the decision influence the CFPB’s processes and rulemakings going forward? The accounts receivable management industry, like many others, anxiously awaits the decision, which is expected before the end of the Supreme Court’s current term in June.
In the interim, the Supreme Court’s oral arguments from March 3 are now available online for the public to hear debate on two questions:
- “Does the vesting of substantial executive authority in the Consumer Financial Protection Bureau, an independent agency led by a single director, violate the separation of powers principle?
- “If it does, is 12 U § 5491(c)(3) (the for-cause provision) severable from the Dodd-Frank Act?”
ACA International is closely watching the case for its influence on the CFPB’s leadership structure and possible effects on the timing of the pending proposed debt collection rules under Regulation F.
ACA member Porter Heath Morgan IV, partner with Malone, Frost, Martin PLLC, attended the oral arguments and provided several takeaways from the proceedings, available here: SCOTUS Split: Takeaways from Debate on CFPB Leadership Structure.