Challenge to CFPB Authority

In the wake of the D.C. Circuit's decision striking down recess appoints, Carter Dougherty at Bloomberg reports what may be the first example of a defendant raising the CFPB's lack of authority as a defense in an enforcement proceeding. Stay tuned.

Comments

[mt]

I don't think it is the first. This Wilmer Hale memo refers in footnote to a pending case in footnote 7:

http://www.wilmerhale.com/pages/publicationsandnewsdetail.aspx?NewsPubID=10737420171

Other sources you might find interesting on this subject are:
http://clsbluesky.law.columbia.edu/2013/01/29/implications-for-the-cfpb-after-the-d-c-circuits-recess-appointments-decision/
Which seems to be a Davis Polk memo appearing ona Columbia Law School website.

These links are not about the CFPB specifically but about the Noel Cnaning case.
http://thenecessaryandproperblog.blogspot.com/2013/01/intrasession-recess-appointments-case.html

http://thenecessaryandproperblog.blogspot.com/2013/01/larry-tribe-on-intrasession-recess.html