Court Decision on Funding for CFPB a Bombshell
The Consumer Finance Protection Bureau (CFPB) was created in 2010 as a mechanism for financial reform. It was part of the Dodd-Frank law that took a hatchet to the lending practices of banks and other financial institutions, making it harder and more expensive for consumers and banks to engage in loans.
The way the CFPB is funded has been controversial from the start. It receives funding from the Federal Reserve rather than appropriations legislation passed by Congress. Now, a three-judge panel of the 5th U.S. Circuit Court of Appeals has ruled that the funding method is unconstitutional.
A particular target of the regulators over the years has been the “payday lenders.” A rule governing those small loan companies was also vacated.
“Congress’s decision to abdicate its appropriations power under the Constitution, i.e., to cede its power of the purse to the Bureau, violates the Constitution’s structural separation of powers,” the judges wrote.
Politico:
The appeals court ruling marked the latest victory for the finance industry, which has fought for years in Congress and the courts to blunt the CFPB’s reach and limit its ability to police financial services. Republican lawmakers have also worked for years to stifle the CFPB and revamp its structure, arguing the agency lacks accountability.
“Even among self-funded agencies, the Bureau is unique,” Judge Cory Wilson wrote Wednesday. “The Bureau’s perpetual self-directed, double-insulated funding structure goes a significant step further than that enjoyed by the other agencies on offer.”
The purpose of having the Federal Reserve fund a federal agency was to “protect” the CFPB from “political pressure.” In fact, it made the Finance Bureau virtually bulletproof and ensured that no matter who was president, Democrats would have a huge say in agency policy.