As anyone who is associated with the residential real estate settlement services industry can appreciate, resolution of the PHH case by the full bench of the D.C. Circuit Court of Appeals has brought much-needed clarity and...more
3/9/2018
/ Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Enforcement ,
Enforcement Actions ,
Financial Services Industry ,
PHH Corp. v CFPB ,
Regulatory Oversight ,
RESPA ,
Section 8 ,
Strategic Planning ,
Trump Administration ,
UDAAP
It’s been over a year since the Consumer Financial Protection Bureau (CFPB) turned the real estate settlement services industry on its head by announcing in its first ever administrative appeal that Section 8(c) of the Real...more
Although the RESPA issues were addressed in the briefs filed by the parties in the PHH case, at oral argument this week the parties and the en banc D.C. Circuit focused heavily on whether the president’s authority is...more
5/31/2017
/ Administrative Agencies ,
Administrative Proceedings ,
Anti-Kickback Statute ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Director Removal ,
PHH Corp. v CFPB ,
Removal For-Cause ,
RESPA ,
Separation of Powers ,
Statute of Limitations
Businesses across the country regularly bemoan the time and expense of litigation. Even when businesses are successful in defending non-meritorious consumer claims alleging unfair or deceptive practices, false advertising,...more
5/12/2017
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
CLRA ,
Consumer Financial Protection Bureau (CFPB) ,
Federal Arbitration Act ,
Injunctive Relief ,
PHH Corp. v CFPB ,
Statutory Damages ,
Statutory Rights ,
Unconscionable Contracts ,
Unfair Competition
The legal challenge by PHH Corp. (PHH) to a June 4, 2015, decision by the director of the Consumer Financial Protection Bureau (Bureau) in connection with the Bureau’s enforcement proceeding against PHH has captivated the...more
10/19/2016
/ Administrative Appeals ,
Appeals ,
Article III ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Disgorgement ,
Enforcement Actions ,
Enforcement Guidance ,
Penalties ,
PHH Corp. v CFPB ,
Removal At-Will ,
Removal For-Cause ,
RESPA ,
Safe Harbors ,
Separation of Powers ,
Single Director ,
Standing ,
Statute of Limitations ,
UDAAP ,
Vacated