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CFPB’s Constitutionality Affirmed in En Banc DC Circuit Ruling

By R. Andrew Arculin, Allyson B. Baker, Jonathan L. Pompan, Gerald S. (Gerry) Sachs, Peter S. Frechette & Sameer P. Sheikh on February 2, 2018
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Sitting en banc, the U.S. Court of Appeals for the DC Circuit ruled that the Consumer Financial Protection Bureau’s (CFPB) structure is constitutional. By a vote of 7 to 3, the full panel of judges reversed an earlier panel decision that took issue with the independent agency’s single-director structure. The en banc decision left intact the DC Circuit panel’s interpretation of the Real Estate Settlement Procedures Act (RESPA). Ultimately, the court remanded the case back to the Bureau for further proceedings consistent with the RESPA-related holdings of the court.

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Photo of Jonathan L. Pompan Jonathan L. Pompan

Jonathan Pompan is co-chair of the firm’s Consumer Financial Services Practice Group and Consumer Financial Protection Bureau (CFPB) Task Force. Jonathan’s practice focuses on providing comprehensive legal advice and regulatory advocacy to a broad spectrum of clients, such as nonbank financial products and…

Jonathan Pompan is co-chair of the firm’s Consumer Financial Services Practice Group and Consumer Financial Protection Bureau (CFPB) Task Force. Jonathan’s practice focuses on providing comprehensive legal advice and regulatory advocacy to a broad spectrum of clients, such as nonbank financial products and services providers, advertisers and marketers, and trade and professional associations, before the CFPB, the Federal Trade Commission (FTC), state attorneys general, and regulatory agencies. At a time when government consumer protection agencies are stepping up their scrutiny, Jonathan develops strong and lasting relationships with clients by understanding their business objectives, helping them recognize opportunities and avoid legal pitfalls.

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  • Posted in:
    Banking, Finance and Securities
  • Organization:
    Venable LLP

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