Consumer Financial Protection Bureau v. Seila Law LLC, No. 17-56324 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed the district court's order granting the Board's petition to enforce the law firm's compliance with the Board's civil investigative demand (CID) to respond to interrogatories and requests for documents. The panel held that the Board's structure was constitutionally permissible in light of Humphrey's Executor v. United States, 295 U.S. 602 (1935), and Morrison v. Olson, 487 U.S. 654 (1988). These cases indicate that the for-cause removal restriction protecting the Board's Director did not impede the President's ability to perform his constitutional duty to ensure that the laws are faithfully executed.
The panel rejected the law firm's contention that the CID violated the Board's practice-of-law exclusion and held that one of the exceptions to the practice-of-law exclusion applied: 12 U.S.C. 5517(e)(3). Section 5517(e)(3) empowered the Board to investigate whether the law firm was violating the Telemarketing Sales Rule. Finally, the panel held that the CID complied with section 5562(c)(2).