CONSUMER FINANCIAL v. ACCREDITING COUNCIL

No. 16-5174.

854 F.3d 683 (2017)

CONSUMER FINANCIAL PROTECTION BUREAU, Appellant v. ACCREDITING COUNCIL FOR INDEPENDENT COLLEGES AND SCHOOLS, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 2017.


Attorney(s) appearing for the Case

Lawrence DeMille-Wagman , Senior Litigation Counsel, Consumer Financial Protection Bureau, argued the cause for appellant. With him on the briefs was John R. Coleman , Deputy General Counsel.

Allyson B. Baker , Washington, DC, argued the cause for appellee Accrediting Council For Independent Colleges and Schools. With her on the brief were Andrew Hernacki , Benjamin E. Horowitz , Kimberly Culp Cloyd , and Kenneth J. Ingram , Washington, DC.

Andrew J. Pincus , Ori Lev , Stephen C.N. Lilley , Matthew A. Waring , Kathryn Comerford Todd , and Steven P. Lehotsky , Washington, DC, were on the brief for amicus curiae The Chamber of Commerce of the United States of America in support of appellee.

Michael C. Gartner , Falls Church, VA, was on the brief for amicus curiae Accrediting Council for Continuing Education & Training, Inc. ("ACCET"), et al. in support of appellee.

Before: Henderson and Wilkins, Circuit Judges, and Sentelle, Senior Circuit Judge.


The Consumer Financial Protection Bureau ("CFPB" or the "Bureau") issued a civil investigative demand to the Accrediting Council for Independent Colleges and Schools ("ACICS"), a non-profit organization that accredits for-profit colleges. The civil investigative demand's "Notification of Purpose" stated that the CFPB...

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