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    A federal appeals court rejected the Consumer Financial Protection Bureau’s investigative fishing trip into the records of a leading accrediting agency for for-profit colleges, saying the bureau failed to explain what sort of illegal conduct it was looking into. The decision by the D.C. Circuit Court of Appeals in Washington is a rebuke to the CFPB and its director Richard Cordray, who demanded the Accrediting Council for Independent Colleges and Schools turn over documents and make an executive available to testify about the group’s possible involvement in “unlawful acts and practices in connection with accrediting for-profit colleges.” The Obama administration mounted fierce legal attacks on for-profit colleges, accusing them of peddling shoddy degrees financed by federal student loans and forcing Corinthian Colleges and ITT Technical Institute to close their doors. This appears to be the first time in decades that a federal appeals court rejected an agency's civil investigative demand or administrative subpoena, said Allyson Baker, a partner in Venable's Washington office who represented ACICS. “They didn’t think the CFPB met the requirements of the statute, which requires notice,” said Baker, herself a former CFPB enforcement attorney. ACICS refused to comply with the civil investigative demand in 2015, sending the question to a federal district court. That court last year said the CFPB, which is charged with enforcing consumer financial laws, didn’t have authority to question a school accrediting agency. The CFPB “plowed head long into fields not clearly ceded to it by Congress,” the district court said. The D.C. Circuit affirmed today, in an opinion by Judge David Sentelle, on narrower grounds. The agency “wholly fails” to state what sort of unlawful conduct it is investigating, the appeals court said. The CFPB never explained what “unlawful acts and practices” it suspected and merely repeated the same language in court filings. Without specifics, the court said it can’t determine whether the demand
    6 years ago by @prophe
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