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Legislation and Regulation Keyed to Manning, 5th Ed.
Seila Law LLC v. Consumer Financial Protection Bureau
Citation:
591 U.S. 207, 140 S. Ct. 2183 (2020)Facts
In 2010, Congress established the Consumer Financial Protection Bureau (CFPB) through the Dodd-Frank Act in response to the 2008 financial crisis. Unlike traditional independent agencies headed by multi-member commissions, the CFPB was designed with a single Director appointed by the President with Senate confirmation for a five-year term, removable only for “inefficiency, neglect of duty, or malfeasance in office.” The CFPB was granted extensive regulatory, enforcement, and adjudicatory powers over consumer financial products and services, including the authority to implement 18 federal statutes, issue regulations, conduct investigations, and seek substantial penalties for violations. The agency also received funding outside the congressional appropriations process, drawing directly from the Federal Reserve. In 2017, the CFPB issued a civil investigative demand to Seila Law regarding potential unlawful practices in debt relief services. Seila Law refused to comply, arguing that the CFPB’s structure with a single Director removable only for cause violated the separation of powers. When the CFPB filed a petition to enforce the demand, Seila Law maintained its constitutional defense.
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