October 20, 2022 1 min read

Misguided 5th Circuit Decision Could Affect CFPB and Consumers

PR

This week the Fifth Circuit Court of Appeals ruled that the Consumer Financial Protection Bureau’s (CFPB) independent funding structures are unconstitutional.

“For more than a decade, the CFPB has protected consumers from harmful and predatory practices across marketplaces and served as the only financial agency specifically focused on consumers,” said Rachel Gittleman, CFA’s Financial Services Outreach Manager. “This ruling calls into question the CFPB’s ability to ensure that debt collectors, payday lenders, mortgage and student loan servicers, credit and tenant reporting agencies, and big banks do not engage in unfair, deceptive or abusive acts and practices, especially unlawful discrimination, or violate the numerous consumer protection laws it regulates. Like other federal financial regulators, the CFPB’s independent structure is key to insulating it from political sway and gamesmanship, and integral to the CFPB’s fight to ensure the financial marketplace is equitable, fair, transparent, and competitive for all American consumers. This case was wrongly decided and it should be reversed on appeal.”

Related Articles

PR
May 29, 2026 / Testimony & Comments
CFA Submits Comments to Congress on How Senior Fraud-Protection Accounts Can Prevent Scams
PR
May 14, 2026 / Press Releases
CFA Statement on Senate Joint Resolutions of Disapproval of Trump Administration’s Rollbacks of CFPB
PR
May 01, 2026 / Press Releases
CFA Statement in Response to CFPB's Revised Final Rule Implementing Section 1071 Small Business Lending Data Rule
PR
April 22, 2026 / Press Releases
CFA Statement in Response to CFPB Final Rule Amending ECOA