As we previously discussed, on February 16, 2017, the D.C. Circuit granted rehearing en banc in PHH v. CFPB and vacated the holding from the three-judge panel that the CFPB’s single director structure was unconstitutional.

Through an unopposed motion filed on March 3, 2017, the Office of the Solicitor General (“SG”) requested an extension to file its amicus brief for the rehearing en banc.  If granted, the deadline for filing the brief would be extended from March 10, 2017, to March 17, 2017.  Significantly, the motion signals that the SG may be shifting away from the Obama Administration’s previous position in support of the CFPB, at least in some respects.  In particular, the SG stated therein that “the views of the United States on matters involving the President’s removal power are not always entirely congruent with the views of independent agencies” and argued that the earlier filing date “would make it exceedingly difficult to engage in the necessary consultation within the government.”  The SG’s position should become clear once the amicus brief is filed later this month.

Photo of Lucille Bartholomew Lucille Bartholomew

Lucy Bartholomew defends banks, consumer reporting agencies, and other financial services providers and their officers and directors in connection with civil and regulatory enforcement matters and internal investigations. Lucy represents clients throughout all stages of enforcement matters, including civil investigative demand negotiations, document…

Lucy Bartholomew defends banks, consumer reporting agencies, and other financial services providers and their officers and directors in connection with civil and regulatory enforcement matters and internal investigations. Lucy represents clients throughout all stages of enforcement matters, including civil investigative demand negotiations, document collection, response preparation, civil investigational hearings, the NORA/15-day letter process, and resolution. She regularly appears in front of the CFPB, FTC, federal banking agencies, and other federal and state regulators.

Lucy also maintains an active financial services regulatory practice and specializes in UDAAP, credit reporting, fair lending, fees, error resolution, consumer credit, and advertising.