Community Financial Services Association of America, Limited v. Consumer Financial Protection Bureau

(1) Whether a Consumer Financial Protection Bureau rule, which prohibits a covered lender from continuing to make preauthorized attempts to withdraw loan repayments from a consumer"s bank account after two consecutive attempts are denied for insufficient funds, should be vacated because it was promulgated by CFPB Director Richard Cordray while shielded from removal by President Donald Trump under a statutory provision this court later held is unconstitutional; and (2) whether the rule should be vacated because the prohibited conduct falls outside the statutory definition of unfair or abusive conduct.