Suit Challenges CFPB Constitutionality

The Consumer Financial Protection Bureau is facing yet another challenge to its constitutionality: This time, a pair of plaintiffs are arguing the agency structure insulates it from political accountability and internal checks and balances in violation of the U.S. Constitution.

The suit, filed in the U.S. District Court for the District of Columbia by Connecticut attorney Kimberly Pisinski and a Nevada software firm she contracts with, Morgan Drexen, Inc., alleges that the CFPB has engaged in abusive practices, including:

  • Attempts to regulate the practice of law;
  • Threatening plaintiffs with legal action and using improper and coercive tactics against plaintiffs;
  • Attempts to collect attorney-client protected material; and
  • Making overreaching demands for, and mining of, personal financial information of American citizens.

The plaintiffs have sought an order halting these tactics and declaring CFPB’s structure to be unconstitutional, and declaring unconstitutional the provisions of the Dodd-Frank Act creating and empowering the CFPB, according to a complaint.

The suit follows a March 13, 2012 CFPB Civil Investigative Demand (CID) that was issued to Morgan Drexen. Pisinski offers bankruptcy services as part of her practice, and Morgan Drexen has provided debt resolution, bankruptcy, personal injury, mass tort litigation, and tax preparation support services to Pisinski and other attorneys.

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