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Consumer Protection Bureau Still Facing Constitutional Challenges

February 7, 2018, Bloomberg Law

Eric Mogilnicki is quoted in a Bloomberg Law article regarding potential constitutional challenges faced by the CFPB following the U.S. Court of Appeals ruling on January 31. According to Mogilnicki, plenty of questions are still up in the air. The CFPB could settle some cases that otherwise would keep working through the constitutional question, while other courts could adopt the result in PHH. “A circuit split is a long way off, and may never materialize, as other courts could decide to follow the lead of the D.C. Circuit Court,” Mogilnicki says.

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