Neither PHH Corporation nor the CFPB has filed a petition for certiorari asking the U.S. Supreme Court to review the D.C. Circuit’s en banc PHH decision. The filing deadline was May 1.
In that decision, which was issued on January 31, the D.C. Circuit ruled in favor of PHH on its challenge to the CFPB’s RESPA interpretation but rejected PHH’s challenge to the CFPB’s constitutionality based on its single-director-removable-only-for-cause structure.
While the decisions of the CFPB and PHH not to seek certiorari means the PHH case will not be the vehicle for a Supreme Court ruling on the CFPB’s constitutionality, other pending cases could provide such a vehicle. Among such cases is CFPB v. All American Check Cashing, in which the Fifth Circuit recently agreed to hear an interlocutory appeal challenging the CFPB’s constitutionality.