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Supreme Court Upholds Consumer Financial Protection Bureau’s Funding Structure
What Happened?
In a landmark 7-2 decision delivered on June 29,2023,the Supreme Court rejected a challenge too the funding structure of the Consumer Financial Protection Bureau (CFPB). The case, Consumer Financial Protection Bureau v. Community Financial Services Association of America Ltd., centered on weather the CFPB’s independent funding mechanism – derived from the Federal Reserve System rather than direct congressional appropriations – violated the Appropriations Clause of the U.S.Constitution. The Court ruled that the CFPB’s funding was, actually, constitutional.
The Core of the Argument
The plaintiffs, led by the Community Financial Services Association of america (CFSAA), argued that the CFPB’s funding mechanism gave the agency too much independence from Congress, effectively bypassing the legislative branch’s power of the purse. They contended that this violated the Appropriations Clause, which grants Congress the exclusive power to authorize federal spending. The CFPB, established in 2010 following the financial crisis, receives its funding from the Federal Reserve, which in turn is funded by banks. This structure allows the CFPB to operate with a degree of autonomy, shielded from the often-contentious annual appropriations process.
the Court’s Reasoning
Chief Justice John Roberts, writing for the majority, stated that the CFPB’s funding structure did not violate the Appropriations clause. The Court reasoned that the Federal Reserve’s earnings, from which the CFPB draws its funds, are not considered public money
in the same way as direct congressional appropriations. The Court distinguished the CFPB’s funding from other instances where Congress has delegated spending authority to executive branch agencies. The majority opinion emphasized that the CFPB remains accountable to Congress through oversight mechanisms, even if its funding isn’t directly subject to annual appropriations.
impact and Implications
The decision allows the CFPB to continue its work on a wide range of consumer financial issues,including regulating payday lenders,debt collectors,and credit reporting agencies. Since its inception, the CFPB has returned over 14 billion
to consumers who were harmed by illegal financial practices. The agency is currently working on rules related to overdraft fees, medical debt, and data privacy.
| Year | Total Funds Returned to Consumers (USD) |
|---|---|
| 2014 | $4.7 billion |
| 2015 | $1.9 billion |
| 2016 | $2.6 billion |
| 2017 | $1.3 billion |
| 2018 | $500 million |
| 2019 | $3.1 billion |
