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ARTICLE · 11 JULY 2012

The Consumer Financial Protection Bureau Is Challenged As Unconstitutional

This past Thursday, June 21, 2012, the State National Bank of Big Spring ("National Bank'"), the Competitive Enterprise Institute ("CEI"), and the 60 Plus Association, Inc. ("the Association"), filed suit against the Consumer Financial Protection Bureau ("CFPB"), the U.S. Department of the Treasury and various financial officials, including Richard Cordray, Director of the CFPB, in their official capacities. In a 32- page Complaint, the Petitioners railed against what they characterized as the u

United StatesConsumer Protection

This past Thursday, June 21, 2012, the State National Bank of Big Spring ("National Bank'"), the Competitive Enterprise Institute ("CEI"), and the 60 Plus Association, Inc. ("the Association"), filed suit against the Consumer Financial Protection Bureau ("CFPB"), the U.S. Department of the Treasury and various financial officials, including Richard Cordray, Director of the CFPB, in their official capacities. In a 32- page Complaint, the Petitioners railed against what they characterized as the unchecked power of the CFPB and the "chilling effect" its operation would have on small financial institutions. The Petitioners challenged the CFPB on three separate grounds: (1) violation of the separation of powers for failure to provide any meaningful checks and balances on the CFPB; (2) violation of the Appointment Clause for fraudulently appointing Mr. Cordray; and (3) violation of the separation of powers for failure to provide any meaningful checks and balances on the

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