In a recent opinion, the Second Circuit considered a second challenge to the funding structure of the CFPB, upholding it as constitutional.
On October 19, 2022, this issue was first considered by the Fifth Circuit in Community Financial Services Association of America, Ltd. v. Consumer Financial Protection Bureau, 51 F.4th 616 (2022). There, the court determined the payment structure established by the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203, 124 Stat. 1376—which grants discretion to the director of the CFPB to draw funding for the Bureau ...