ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Legal

Appellate court invalidates CFPB’s funding structure, small-dollar lending rule

October 19, 2022
Reading Time: 1 min read

A three-judge panel of the Fifth Circuit Court of Appeals today ruled that the Consumer Financial Protection Bureau’s funding structure violates the separation of powers clause of the Constitution. Uniquely among federal agencies, the CFPB receives its funding directly from the Federal Reserve System based on a request by the bureau’s director.

In the case, the Community Financial Services Association of America and the Consumer Service Alliance of Texas challenged the bureau’s 2017 small-dollar lending rule on several constitutional grounds. The Fifth Circuit panel agreed with the plaintiffs only on the CFPB’s “unique, double-insulated funding mechanism” and vacated the small-dollar lending rule. The case is expected to be appealed to a hearing by the full Fifth Circuit.

The court found that in setting up the CFPB’s funding structure, Congress ceded both direct control over the CFPB’s budget by insulating it from annual appropriations and indirect control by making the CFPB’s source also insulated from the appropriations process. “The Bureau’s perpetual insulation from Congress’s appropriations power, including the express exemption from congressional review of its funding, renders the Bureau ‘no longer dependent and, as a result, no longer accountable’ to Congress and, ultimately, to the people,” the court found, adding that the issue is more acute because of the CFPB’s expansive powers.

Tags: CFPB reform
ShareTweetPin

Related Posts

FDIC adopts changes to signage rules

FDIC overhauls review process for deposit insurance applications

Newsbytes
August 10, 2026

The FDIC announced a new, two-phase process for deposit insurance applications meant to speed up agency reviews and encourage de novo bank formation.

ABA donates $25,000 to support Washington state wildfire relief efforts

ABA donates $25,000 to support Washington state wildfire relief efforts

Community Banking
August 10, 2026

ABA announced a $25,000 donation to the American Red Cross Washington Wildfires Response Fund to support Washington communities affected by the devastating wildfires that have displaced tens of thousands of residents and destroyed hundreds of homes and businesses...

Senate bill would mandate discount window testing, modernization

Fed updates BIC program as part of discount window modernization

Compliance and Risk
August 10, 2026

The Federal Reserve is updating the Borrower in Custody program as part of an ongoing effort to modernize discount window operations, according to an announcement.

Study: Remote work drove up house prices

Report: Federal Home Loan Banks supported $8.4B in community lending in 2025

Mortgage
August 10, 2026

Last year, the Federal Home Loan Banks supported $8.4 billion in lending in areas with constrained credit availability and enabled their members to offer longer-term, more affordable financing options to households and communities, FHFA said in its annual...

Carr staffer nominated for FCC commissioner

Carr staffer nominated for FCC commissioner

Compliance and Risk
August 8, 2026

President Trump nominated Danielle Thumann, senior counsel to Federal Communications Commission Chairman Brendan Carr, to serve as commissioner on the FCC. If confirmed by the Senate, Thumann would fill one of two vacant seats on the commission.

Senate Democrats seek proposals for regulatory changes following recent bank closures

Senate adjourns with no vote on Clarity Act

Newsbytes
August 8, 2026

The Senate adjourned without holding a final vote on the Clarity Act, punting further action on the bill until at least September.

NEWSBYTES

FDIC overhauls review process for deposit insurance applications

August 10, 2026

ABA donates $25,000 to support Washington state wildfire relief efforts

August 10, 2026

Fed updates BIC program as part of discount window modernization

August 10, 2026

SPONSORED CONTENT

Relationship Banking at Scale: Why Banks Need The Digital Sales & Service Platform

Relationship Banking at Scale: Why Banks Need The Digital Sales & Service Platform

August 1, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

Examiners Are Now Looking at Your Non-Core Systems

June 11, 2026
Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

Your Floorplan Audit and Your Credit Decision Are Weeks Apart. That Gap Has a Price.

June 1, 2026
A Modern Blueprint for Serving High-Net-Worth Families

A Modern Blueprint for Serving High-Net-Worth Families

May 28, 2026

PODCASTS

Podcast: Banking the brave new world of college athletics

August 4, 2026

Podcast: Tactics for meaningful strategic planning

July 28, 2026

Podcast: Why it might be time to revisit a key FDIC ratio

July 23, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.