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Administrative Law Keyed to Breyer
Seila Law LLC v. Consumer Financial Protection Bureau
Citation:
591 U.S. 207, 140 S. Ct. 2183 (2020)Facts
The CFPB was established by the Dodd-Frank Act in 2010 as an independent regulatory agency tasked with implementing and enforcing consumer financial protection laws. Unlike most independent agencies, which are typically led by multi-member commissions, the CFPB was designed with a single Director who serves a five-year term and can be removed by the President only for “inefficiency, neglect of duty, or malfeasance in office.” The CFPB receives funding outside the congressional appropriations process, drawing directly from the Federal Reserve. In 2017, the CFPB issued a civil investigative demand to Seila Law to determine whether the firm had engaged in unlawful practices in marketing debt relief services. Seila Law objected to the demand on the grounds that the CFPB’s structure violated the separation of powers by insulating its single Director from presidential control. When Seila Law refused to comply, the CFPB filed a petition to enforce the demand, leading to litigation that ultimately reached the Supreme Court.
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