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A Deeper Dive — The Impact of the CFSA Case on the CFPB: Will the Supreme Court Un-Ring a Bell?

James M Milano, Christopher Lewis Peterson, Christopher Johnson Willis, Jenny Lee, and Rachel Gittleman

A lively panel including consumer financial services attorneys, former Consumer Financial Protection Bureau (CFPB) staff, and a consumer advocate delves into the Fifth Circuit decision in Community Financial Services Association of America vs. CFPB, which ruled the CFPB’s funding unconstitutional and vacated the Payday Lending Rule. With Jim Milano guiding the conversation, the panelists—Rachel Gittleman, Jenny Lee, Christopher Peterson, and Christopher Willis—provide keen insight into the case, extending the discussion of a CLE program at the ABA Business Law Section’s 2023 Hybrid Spring Meeting (now available to view for BLS members). They examine the CFPB’s funding structure, previous constitutional challenges, and the Second Circuit decision setting up a circuit split on this issue, all with an eye to how the Supreme Court might decide the case.

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The content of this program does not meet requirements for continuing legal education (CLE) accreditation. You will not receive CLE credit for participating.