The CFPB has filed a petition for rehearing to appeal several issues from its case in PHH Corp. v. CFPB before an en banc panel of the D.C. Circuit. A three-judge panel of the court ruled in October on the CFPB's constitutionality as an independent agency, as well as the Bureau's Order regarding application of Section 8(c) of the Real Estate Settlement Procedures Act (RESPA) and statute of limitations provisions. We explored the panel's decision here.
A majority of the active circuit judges on the court is needed to order a rehearing. The D.C. Circuit currently has 11 active circuit judges.
As ordered by the court, PHH must file a response by December 8. The court also invited the Solicitor General to file a response "expressing the views of the United States."
The D.C. Circuit order also states that the court will not accept reply filings, "absent further order of the court." The circuit rules do not provide a deadline by which the court must rule on the petition.