The Consumer Financial Protection Bureau faces a constitutional reckoning when the Supreme Court hears arguments on Oct. 3 in CFPB v. Community Financial Services Association of America. Trade associations successfully argued at the Fifth Circuit Court of Appeals that the CFPB’s structure violates the Appropriations Clause because the CFPB does not receive appropriations from Congress, making the agency unaccountable. Why should you care? Because until congressional oversight becomes a reality, the CFPB will continue to adopt and enforce inconsistent, unpredictable positions that harm consumers and financial institutions alike. Nowhere is the CFPB’s fickle regulation-by-hindsight
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