PHH Corporation v. CFPB


United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued May 24, 2017 Decided January 31, 2018 No. 15-1177 PHH CORPORATION, ET AL., PETITIONERS v. CONSUMER FINANCIAL PROTECTION BUREAU, RESPONDENT On Petition for Rehearing En Banc Theodore B. Olson argued the cause for petitioners. With him on the briefs were Helgi C. Walker, Lucas C. Townsend, Mitchel H. Kider, David M. Souders, Thomas M. Hefferon, and William M. Jay. Andrew J. Pincus, Stephen C.N. Lilley, Matthew A. Waring, Kate Comerford Todd, and Steven P. Lehotsky were on the brief for amicus curiae The Chamber of Commerce of the United States of America in support of petitioners. David K. Willingham, Michael D. Roth, Jeffrey M. Hammer, and Kelly L. Perigoe were on the brief for amici curiae RD Legal Funding, LLC, et al. in support of petitioners. 2 Joseph R. Palmore and Bryan J. Leitch were on the brief for amici curiae American Bankers Association, et al. in support of petitioners and vacatur. David T. Case and Phillip L. Schulman were on the brief for amicus curiae The National Association of Realtors7 in support of petitioners and reversal of the June 4, 2015 order of the Director of the Consumer Financial Protection Bureau. Jay N. Varon and Jennifer M. Keas were on the brief for amici curiae American Land Title Association, et al. in support of petitioners. Joshua D. Hawley, Attorney General, Office of the Attorney General for the State of Missouri, and D. John Sauer, State Solicitor, were on the brief for amici curiae the States of Missouri, et al. in support of petitioners. Kirk D. Jensen, Joseph M. Kolar, and Alexander S. Leonhardt were on the brief for amicus curiae The Consumer Mortgage Coalition in support of petitioner. Marc J. Gottridge, Allison M. Wuertz, Ilya Shapiro, and Thaya Brook Knight were on the brief for amicus curiae The Cato Institute in support of petitioners. Brian Melendez was on the brief for amicus curiae ACA International in support of petitioners. C. Boyden Gray, Adam R.F. Gustafson, James R. Conde, Gregory Jacob, Sam Kazman, and Hans Bader were on the brief for amici curiae State National Bank of Big Spring, et al. in support of petitioners. 3 Hashim M. Mooppan, Attorney, U.S. Department of Justice, argued the cause as amicus curiae United States of America. On the brief were Douglas N. Letter, Mark B. Stern, Daniel Tenny, and Tara S. Morrissey, Attorneys. Ian H. Gershengorn, Attorney, entered an appearance. Lawrence DeMille-Wagman, Senior Litigation Counsel, Consumer Financial Protection Bureau, argued the cause for respondent. With him on the brief was John R. Coleman, Deputy General Counsel. George Jepsen, Attorney General, Office of the Attorney General for the State of Connecticut, and John Langmaid, Assistant Attorney General, were on the brief for The States of Connecticut, et al. in support of respondent. Thomas C. Goldstein, Eric Citron, Tejinder Singh, and Deepak Gupta were on the brief for amici curiae Americans For Financial Reform, et al. in support of respondent. Elizabeth B. ...

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