A small-market Texas state bank acting as plaintiff in a statewide assault on a Consumer Financial Protection Bureau (CFPB) final rule is the latest in a series of maneuvers by parties at odds with the agency. The federal bureau has been experiencing a pattern of new motions and lawsuits across the country that are using a U.S. Court of Appeals for the Fifth Circuit opinion holding that the bureau is unconstitutionally funded; therefore, its regulatory authority should be considered null.
In Texas Bankers Association and Rio Bank v. CFPB, the association and the McAllen-based bank challenge a recent final rule requiring the implementation of new software and compliance mechanisms. The suit further contends that any rules made public by the bureau are unconstitutional.
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