Recorded Thursday, July 2, 2020
Listen to the briefing call.
This Monday, the United States Supreme Court issued its long-anticipated decision in Seila Law LLC v. Consumer Financial Protection Bureau. In the opinion written by Chief Justice Roberts, the Court held that Congress overreached when it limited the President’s power to remove the single director of the Bureau. Upon holding that the CFPB’s structure was incompatible with the structure of the Constitution and the separation of powers, the Court next turned to whether that provision (removal of the Director for cause, only) could be severed. This brought more agreement among the justices who held, 7-2, that the provision could be severed.
The question left unanswered by the Court was whether the civil investigative demand propounded upon Seila Law was enforceable. The CFPB argued that all acts of the CFPB had been properly ratified, but the Court remanded the case to the Ninth Circuit Court of Appeals “to consider whether the civil investigative demand was validly ratified.” A copy of the opinion can be found here.
Join Ronald S. Canter and Brit Suttell as they examine the Court's decision, and what it means to the creditors rights industry and to NCBA's members.
Ronald S. Canter is the founding member of The Law Offices of Ronald S. Canter, LLC of Rockville, MD. Mr. Canter is a noted speaker on creditors rights issues and has presented many seminars and continuing education programs to trade groups and Bar Associations. He has also been invited on several occasions by the Maryland Judicial Institute to lecture state court judges on consumer credit and debt collection issues. He has represented creditors, attorneys and collection agencies in complex litigation in both Federal and state courts. Mr. Canter has successfully prosecuted appeals before state and federal courts on several significant issues affecting the credit and collection industry. He appeared, as counsel of record for the National Association of Retail Collection Attorneys (NARCA) in Heintz v. Jenkins, the first Fair Debt Collection Practices case to reach the Supreme Court.
Brit J. Suttell works in the Pennsylvania office of Barron & Newburger, P.C. She is a member of the firm’s Consumer Financial Services Law Practice Group. Prior to joining the firm, Ms. Suttell was a shareholder at Burton Neil & Associates, P.C., where she served as the firm’s Director of Compliance. In addition to her litigation experience, Ms. Suttell is experienced in the creation, implementation and administration of policies, procedures, and compliance management systems. Her non-litigation experience also includes the handling of regulatory complaints. She has substantial familiarity with multiple consumer financial protection laws, and she has trained collectors and facilitated law firm audits by clients in the financial sector. Ms. Suttell is the President of the Pennsylvania State Creditors Bar. She has been a speaker at programs sponsored by the National Creditors Bar Association as well as the Pennsylvania Creditors’ Bar Association. She has been a guest blogger for the National List of Attorneys.