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Challenge to CFPB Authority

posted by Bob Lawless
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

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

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