CFPB found unconstitutionally structured and incapable of pursuing enforcement action in New York [here is the link to the opinion order]

U.S. District Court in New York finds that the CFPB lacks authority to bring enforcement action because its composition violates the Constitution’s separation of powers,” and dismisses CFPB’s claims. 

https://www.citizen.org/sites/default/files/consumer-financial-protection-bureau-et-al-v-rd-legal-funding-llc.pdf

This is an action by Plaintiffs Consumer Financial
Protection Bureau (the “CFPB”) and the People of the State of
New York, by Eric T. Schneiderman, Attorney General for the
State of New York (“NYAG” or the “Attorney General”)
(collectively, the “Government”), against Defendants RD Legal
Funding, LLC; RD Legal Finance, LLC; RD Legal Funding Partners,
LP (collectively, the “RD Entities”); and Roni Dersovitz, the
founder and owner of the RD Entities (together with the RD
Entities, the “Defendants”). The Government asserts that the
Defendants violated certain provisions of the Consumer Financial
Protection Act (“CFPA” or the “Act”). NYAG independently
asserts that the RD Entities are liable under New York law for
the same actions and events that form the basis of the CFPA
claims. Defendants move to dismiss the Complaint (ECF No. 1) on
three principal grounds. First, Defendants argue that the CFPB
is unconstitutionally structured and therefore lacks the
authority to bring claims under the CFPA. Second, Defendants
contend that the Court lacks federal jurisdiction because the RD
Entities are not “covered persons” under the CFPA and therefore
do not come within the Act’s jurisdictional purview. Third and
finally, the RD Entities move to dismiss the Complaint pursuant
to Rule 12(b)(6) of the Federal Rules of Civil Procedure for
failure to state a claim for relief.

2

As set out below, because the CFPB’s structure is
unconstitutional, it lacks the authority to bring claims under
the CFPA and is hereby terminated as a party to this action.
The NYAG, however, has independent authority to bring claims
under the CFPA. The Court concludes that NYAG has alleged
plausibly claims under the CFPA and under New York law.
Accordingly, Defendants’ motion to dismiss the Complaint is
denied. (ECF No. 39.) 

Consumer Financial Protection Bureau and The People of The State of New York, by Eric T. Schneiderman, Attorney General for the State of New York, Plaintiffs, against RD Legal Funding, LLC, LRD Legal Finance, LLC; RD Legal Funding Partners, LP; and Roni Dersovitz
Opinion & Order dated June 21, 2018 by Loretta A. Preska, Senior United States District Judge No. 17-cv-890 (LAP) United States District Court - Southern District of New York