Blog Enforcement Watch April 14, 2016

D.C. Circuit Hears Oral Argument in Case Challenging the Constitutionality of the CFPB

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.