NAFCU, CUNA file joint amicus brief for CFPB v. CSFA U.S. Supreme Court Case

WASHINGTON, DC (July 11, 2023) — Today, the National Association of Federally-Insured Credit Unions (NAFCU) and the Credit Union National Association (CUNA), along with the American Association of Credit Union Leagues (AACUL), filed a joint amicus brief to the U.S. Supreme Court challenging the constitutionality of the CFPB’s funding structure.

“For well over a decade, NAFCU has fought against the overly burdensome regulations from the CFPB on behalf of the 137 million people who rely on credit unions for their financial service needs,” said NAFCU President & CEO Dan Berger. “We have seen the agency wage a war on Main Street and impose rules that do more harm than good. It’s well past time to get them in check and give the CFPB long needed congressional oversight. I look forward to the Court hearing this critical case.”

“The broad power that the CFPB wields over financial products affecting every consumer makes it vitally important that the bureau operate with maximum transparency and accountability,” said CUNA President/CEO Jim Nussle. “Its current structure brings it under less oversight than any other federal financial regulator. As addressed in our amicus brief, we hope the court’s decision addresses the clear constitutional issues in the current structure, while minimizing disruptions to the financial services marketplace.”

In the brief, NAFCU, CUNA and AACUL ask the Supreme Court to affirm the lower court’s decision but issue a stay to give Congress time to act and fix the funding issue. The associations are also asking for a rulemaking pause during the stay.

The CFPB has the broadest regulatory reach of any financial agency – overseeing bank and nonbank “covered” financial services providers, and institutions both large and small – and the least amount of congressional oversight compared to other federal financial regulatory agencies.

NAFCU and CUNA will continue to monitor the case as the Supreme Court reconvenes in the fall.


The National Association of Federally-Insured Credit Unions is the only national trade association focusing exclusively on federal issues affecting the nation’s federally-insured credit unions. NAFCU membership is direct and provides credit unions with the best in federal advocacy, education and compliance assistance. For more information on NAFCU, go to or @NAFCU on Twitter.

About CUNA

Credit Union National Association (CUNA) is the only national association that advocates on behalf of all of America’s credit unions, which are owned by 115 million consumer members. CUNA, along with its network of affiliated state credit union leagues, delivers unwavering advocacy, continuous professional growth and operational confidence to protect the best interests of all credit unions. For more information about CUNA, visit To find your nearest credit union, visit


Molly Safreed, (NAFCU)

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