On April 12, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in the first appeal of a Consumer Financial Protection Bureau (CFPB) administrative enforcement ruling, which ordered a mortgage lender to disgorge $109 million for alleged violations of the Real Estate Settlement Procedures Act (“RESPA”). The hearing focused on (i) prior precedent construing RESPA’s Section 8(c)(2); (ii) RESPA’s statute of limitations; and (iii) whether the CFPA is unconstitutional. Enforcement Watch will continue to monitor the status of this appeal.
