Nov. 4, 2022 — Maurice Wutscher attorney Donald Maurice has published an article, “After Fifth Circuit Ruling Get Ready for More Challenges to CFPB Authority, Is Reg F Next?,” on Thomson Reuters Westlaw Today.
In the article, Mr. Maurice discusses an important decision from the Fifth Circuit, Community Financial Association of America v. CFPB, which has cast doubt on the validity of the CFPB’s rulemaking and enforcement activities.
“The ruling poses a difficult challenge for the CFPB. Unlike the U.S. Supreme Court’s decision in Seila Law, no easy fix may be available to preserve CFPB activity undertaken during the period of unconstitutional funding, at least in the Fifth Circuit. The decision’s reasoning suggests it is not at all possible to “sever” the funding scheme as a possible fix that would preserve the Bureau’s prior activities,” he writes.
To read the full article, click here.
Donald Maurice is a principal attorney at Maurice Wutshcer LLP, where he represents the financial services industry, successfully litigating matters in appellate and trial courts throughout the country in individual and class actions and guiding businesses, trade associations, healthcare and financial services companies nationwide in regulatory and compliance matters.