Could Supreme Court Review Undercut CFPB Enforcement?

Earlier this week, Bloomberg Law reported that courts have stayed CFPB litigation while they wait for a Supreme Court ruling on the bureau’s structure and those stays could reduce the CFPB’s leverage in enforcement matters.

But Bloomberg Law also reported, based upon an interview with Consumer Financial Services Partner Jenny Lee, that those considerations are unlikely to impact the Consumer Financial Protection Bureau in a monolithic fashion.

Instead, Jenny, a former CFPB enforcement attorney, said that those factors are being added to the usual considerations that enforcement attorneys weigh before filing charges: “It would slow things down and be an additional hurdle, just as any other factor would be.”

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