PHH Corporation v. CFPB (rehearing)

U.S. Court of Appeals for the District of Columbia Circuit

Tab Group

D.C. Circuit grants CFPB petition for rehearing en banc in case addressing civil monetary penalties

February 16, 2017

The D.C. Circuit granted rehearing en banc.  The rehearing order directs the parties to address in their briefs the following issues:

Is the CFPB’s structure, as a single-Director independent agency consistent with Article II of the Constitution and, if not, is the proper remedy to sever the for-cause provision of the statute?

May the court appropriately avoid deciding that constitutional question given the panel’s ruling on the statutory issues in this case?

If the en banc court, which has today separately ordered en banc consideration of Lucia v. SEC, 832 F.3d 277 (D.C. Cir. 2016), concludes in that case that the administrative law judge who handled that case was an inferior officer rather than an employee, what is the appropriate disposition of this case?