Following Oral Argument, is CFPB Likely to Win PHH v. CFPB Constitutional Case?
In The News | 1 min read
May 30, 2017
Hinshaw attorney Vaishali Rao spoke to Kate Berry of American Banker about last week's oral argument in the PHH v. CFPB case, which is being reheard en banc by the D.C. Circuit Court of Appeals. At issue is whether the CFPB's single-director structure inhibits the president's authority and is counter to the U.S. Constitution's separation of powers.
Rao suggested that a majority of the court appeared reluctant to rule against the CFPB. "Each case defines the limits of chipping away at the president's power, and the appeals court feels like they are stuck with the precedent of [prior Supreme Court] cases and they are struggling to find the key differences with the CFPB," she said. "I think the CFPB won."
Read the article on the American Banker website (subscription required)
Hinshaw has been closely tracking the PHH v. CFPB case. See below for links to our recent coverage. You can also subscribe to the new Consumer Crossroads blog to receive updates on the PHH v. CFPB case along with other consumer financial services news.
- Consumer Financial Services Alert: "PHH v. CFPB En Banc Oral Argument Recap: Who Won?"
- Consumer Financial Services Alert: "PHH v. CFPB: CFPB Not Dodging Constitutionality Questions"
- Consumer Financial Services Alert: "United States Seeks 'At Will' Removal of CFPB Director"
- Consumer Financial Services Alert: "Three Things You Missed Since CFPB Received En Banc Hearing in PHH Case"
- Consumer Financial Services Newsletter - November 2016: "D.C. Circuit Delivers First Blow to CFPB, Trump Win Delivers Second"
Related People
Related Capabilities
Featured Insights

Press Release
Jul 15, 2026
Two Hinshaw Partners Recognized in Minnesota Monthly's 2026 Top Lawyers in Minnesota

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Webinar
Jul 14, 2026
Scott Seaman Presents on Horizontal vs. Vertical Exhaustion of Insurance

Healthcare Alert
Jul 8, 2026
A New Era of Compliance Standards for California DSOs and MSOs After the Aspen Dental Settlement

Insights for Insurers Alert
Jul 7, 2026
What Insurers Need to Know About California’s FAIR Plan Assessment Recoupment Guidance

In The News
Jul 6, 2026
Francesco Palanda’s Practical Guide for Mitigating AI-Related Business Interruption Risk

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers

In The News
Jun 26, 2026
Brian McGrath Discusses Far-Reaching Impact of a NY Foreclosure Ruling on Mortgage Industry




