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ARTICLE · 14 JUNE 2016

Another CFPB Appeal is Heading to the D.C. Circuit

Mayer Brown
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The Consumer Financial Protection Bureau (CFPB) has teed up another D.C. Circuit battle regarding the scope of its authority.

United StatesConsumer Protection
Ori Lev
Ori Lev
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The Consumer Financial Protection Bureau (CFPB) has teed up another D.C. Circuit battle regarding the scope of its authority. On Monday, June 13, the CFPB filed a notice of appeal of the district court's decision to dismiss the CFPB's petition to enforce a Civil Investigative Demand (CID) issued to the Accrediting Council for Independent Colleges and Schools (ACICS).  A CID is akin to an administrative subpoena, which the CFPB is authorized to issue as part of its investigative authority.  The CFPB had issued a CID to ACICS as part of an investigation whose purpose was to determine whether any person (presumably including ACICS) had engaged in unlawful practices "in connection with accrediting for-profit colleges" in violation of the Dodd-Frank Act's prohibition on unfair, deceptive and abusive acts and practices (UDAAP).  The UDAAP prohibition, however, is generally only applicable to those persons who provide consumer financial products or services, or those

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