Partners Allen Denson and Ari Selman, and of counsel Nicholas Gess co-authored a Law360 article discussing the Consumer Financial Protection Bureau’s (CFPB's) expansion of its “junk fee” initiative.
“The CFPB is proceeding fresh from its victory in a major challenge to the constitutionality of its structure — a lingering question that had dogged the bureau for most of its existence,” the authors write. “But the agency’s constitutional structure does not mean that every attempted exercise of its statutory authority is lawful. Holding the bureau to the plain meaning of its authorizing legislation is one way to ensure that the agency does not exceed its statutory authority.”
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