Misha Tseytlin, leader of Troutman Pepper’s Appellate + Supreme Court Practice Group, was quoted in the September 3, 2023 Fox Business article, “Supreme Court Takes Up Case That Could Determine CFPB’s Fate.”

Misha Tseytlin, a partner at Troutman Pepper who wrote an amicus brief on behalf of Third Party Payment Processors Association opposed to the CFPB’s funding structure, told FOX Business, “If the Supreme Court finds that it’s unconstitutional, the next big question is going to be: is the Supreme Court is going to offer a meaningful remedy?”

Tseytlin noted that although the Supreme Court previously found a rule requiring that the CFPB’s director could only be removed for cause by the president was unconstitutional, it still allowed the agency to go on functioning in a manner that seeks to fix the violation.

He explained that the Court will have the ability to consider a variety of remedies if it finds that the CFPB’s funding structure is unconstitutional. Those range from subjecting it to increased congressional oversight to putting current rulemakings on hold or even invalidating past rules.

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