DC Circuit grants rehearing in PHH v. CFPB

CFPB rehearing grantedToday, the DC Circuit granted the CFPB’s petition for rehearing en banc regarding a ruling issued last October by a three-judge panel that declared the CFPB’s structure unconstitutional.

The court ordered that the panel’s October 11, 2016 judgment be vacated. The court also set a briefing schedule: PHH must submit its opening brief by March 10. The court set a March 31 deadline for the CFPB’s opening brief and an April 10 due date if PHH chooses to file a reply. Oral argument is set for May 24.

State AGs, lawmakers, and consumer groups ask court to reconsider motions to intervene in PHH

PHH oral argumentsOn February 10, 2017, Democratic state attorneys general from 16 states and the District of Columbia filed a petition for rehearing en banc regarding the denial of their motion to intervene in PHH v. CFPB by a DC Circuit three-judge panel.

The State AGs argue that their intervention in the PHH case is urgent in order to “protect the interest of their States and their States’ citizens in an independent CFPB.”

Cordray predicts PHH case appeals will take at least two years

Cordray emailIn the wake of the DC Circuit’s October ruling that declared the CFPB’s single-director-removal-only-for-cause leadership structure unconstitutional, Director Richard Cordray shared words of encouragement and lyrics from a Bob Dylan song in his weekly message to CFPB personnel. Cordray encouraged Bureau staff to stay focused and to continue the agency’s core mission of protecting and supporting consumers.

DC Circuit denies motions to intervene in PHH

DC Circuit denies motions to interveneOn February 2, 2017, the DC Circuit issued a per curiam order denying the three motions to intervene that were filed in the PHH case.

Here is a timeline of recent filings in the case:

January 23, 2017: The Democratic Attorneys General of 16 states and the District of Columbia filed a motion seeking to intervene in the case.

January 26, 2017: Democratic lawmakers Senator Sherrod Brown and Representative Maxine