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

Supreme Court upholds CFPB funding structure

May 16, 2024
Reading Time: 2 mins read
Federal court finds CFPB funding structure constitutional

In a 7-2 decision today, the U.S. Supreme Court ruled that the mechanism Congress established to fund the CFPB does not violate the Appropriations Clause of the Constitution. Beyond the legal questions addressed in the case, the decision has implications for three other legal actions against the CFPB involving the American Bankers Association: the legal challenges to the Section 1071 small-business data collection final rule, the bureau’s credit card late fee final rule and the CFPB’s update to its UDAAP manual. Those matters will proceed on other legal grounds.

The CFPB receives its funding directly from the Federal Reserve based on a request from the bureau’s director. In CFPB v. Community Financial Services Association of America, the Fifth Circuit Court of Appeals in 2022 ruled that such a funding structure was unconstitutional because Congress ceded direct control over the agency’s budget by insulating it from annual appropriations. The majority of Supreme Court justices rejected that argument in their decision.

“Under the Appropriations Clause, an appropriation is simply a law that authorizes expenditures from a specified source of public money for designated purposes,” said Justice Clarence Thomas, writing for the majority. “The statute that provides the bureau’s funding meets these requirements.”

The funding argument was referenced in the three other ongoing lawsuits brought by ABA against the bureau, but those cases relied on other legal arguments and will continue to be litigated on those other grounds.

In a statement, ABA President and CEO Rob Nichols said that now the Supreme Court has affirmed the CFPB’s funding structure, attention should rightly shift back to the bureau’s recent actions and its willingness to flout the law. “All too often, this CFPB has chosen to ignore the law and the will of Congress with significant negative consequences for the consumers the bureau is supposed to protect, and that must come to an end,” he said.

Nichols added that ABA will continue to advocate for its members and their customers including through litigation where necessary. The association will also continue to call on Congress to establish more accountability for the bureau, he said. “Only by placing limits on this rogue regulator can we ensure that consumers are truly protected and that banks can continue to provide them with the financial products they want and need.”

Tags: ABA newsCFPB
ShareTweetPin

Related Posts

Construction spending decreases in January

Construction spending declined in September

Economy
November 2, 2026

Construction spending in September was estimated at a seasonally adjusted annual rate of $2,186.1 billion, 1.9% below the revised August estimate of $2,227.4 billion, according to the Census Bureau.

ABA Data Bank: Economic sentiment improves in chemical manufacturing sector

ISM: Manufacturing expanded in October

Economy
November 2, 2026

Economic activity in the manufacturing sector expanded in October for the 10th consecutive month, the Institute for Supply Management said in its most recent ISM Manufacturing PMI Report.

Fed Survey: Banks tighten policies on commercial real estate lending

Fed survey finds weaker demand for commercial real estate loans in Q3

Commercial Lending
November 2, 2026

During the third quarter, banks reported that lending standards for commercial and industrial loans to large and middle-market firms were basically unchanged, while standards tightened for C&I loans to small firms, according to the Federal Reserve’s latest senior...

FDIC issues relief guidance for Mississippi, Tennessee banks affected by storms

FDIC issues relief guidance for Indiana, South Dakota banks affected by storms

Compliance and Risk
November 2, 2026

The FDIC released guidance with steps intended to provide regulatory relief to financial institutions and facilitate recovery in areas of Indiana and the Oglala Sioux Tribe of the Pine Ridge Reservation in South Dakota affected by severe storms.

ABA urges ‘same risk, same regulation’ for digital assets

ABA, associations urge Congress to reauthorize cybersecurity law

Compliance and Risk
November 2, 2026

ABA joined nearly three dozen associations in urging lawmakers to reauthorize the Cybersecurity Information Sharing Act for an additional 10 years, saying the law is vital in an era of AI-enabled cyber threats.

Bank, credit union groups unite against Welch-Gooden bill

ABA requests CFPB further reduce reporting burden for credit card survey

Newsbytes
November 2, 2026

ABA requested that the CFPB make changes to its survey on credit card plans to ease the reporting burden for card issuers, including providing additional guidance on how to complete the survey.

NEWSBYTES

Construction spending declined in September

November 2, 2026

ISM: Manufacturing expanded in October

November 2, 2026

Fed survey finds weaker demand for commercial real estate loans in Q3

November 2, 2026

SPONSORED CONTENT

Banking Technology at a Strategic Crossroads

Banking Technology at a Strategic Crossroads

October 29, 2026
The Shift from Demographic Marketing

The Shift from Demographic Marketing

October 1, 2026
Meeting Ag Lending Goals Without Going It Alone

Meeting Ag Lending Goals Without Going It Alone

October 1, 2026
Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

Beyond the Portfolio: The Wealth Manager’s New Role in a Multigenerational World

September 17, 2026

PODCASTS

Podcast: Proactively managing the core provider relationship

October 22, 2026

Podcast: How community banks can keep farmers farming in turbulent times

October 14, 2026

Podcast: The birth of American money and how it triggered a revolution

October 8, 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.