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Legislative Process Keyed to Bressman, 4th Ed.
Seila Law LLC v. Consumer Financial Protection Bureau
Citation:
591 U.S. 207, 140 S. Ct. 2183 (2020)Facts
In the wake of the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau through the Dodd-Frank Act to regulate consumer financial products and services. Unlike traditional independent agencies headed by multimember commissions, the CFPB was designed with a single Director appointed by the President with Senate confirmation for a five-year term. The Director could only be removed by the President for “inefficiency, neglect of duty, or malfeasance in office.” The CFPB was also given significant independence from congressional oversight through direct funding from the Federal Reserve rather than annual appropriations. In 2017, the CFPB issued a civil investigative demand to Seila Law to investigate potential unlawful practices in debt relief services. Seila Law challenged the demand, arguing that the CFPB’s structure with a single Director removable only for cause violated the separation of powers.
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