Federal Deception Law: 3.1.1a.10 Claims Should Focus on Statutory Violations, Not Violations of The Statute’s Implementing Regulations
While courts consistently uphold the CFPB’s funding mechanism, there is a risk that a court, faced with a challenge to the CFPB’s funding, will stay litigation based on a CFPB rule until the Supreme Court decides the issue, rather than a trial court making its own judgment.35 This delay can be avoided by basing the litigation not on a CFPB rule, but on the underlying statute that the rule is implementing. Any ruling on the CFPB’s funding has no impact on the underlying statute.