12 U.S.C. § 5302
Severability
If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 2016–2024 · leading case: PHH Corp. v. Consumer Financial Protection Bureau
PHH Corp. v. Consumer Financial Protection Bureau (2018)
“at 1390, 1964, section 5302 provides in relevant part that “[i]f any provision of this Act . . . is held to be unconstitutional, the remainder of this Act .”
PHH Corp. v. Consumer Financial Protection Bureau (2016)
“Indeed, the Dodd-Frank Act itself all but answers the question of presumed congressional intent through its express severability clause, which instructs: “If any provision” of the Act “is held to be unconstitutional, the remainder of” the Act “shall not be affected thereby.”
Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust (2024)
“30 12 U.S.C. § 5302 . 31 Seila Law, 140 S. Ct.”
Seila Law LLC v. Consumer Financial Protection Bureau (2020)
“” 12 U. S. C. §5302 . Petitioner urges us to disregard this plain language for three reasons.”
Seila Law LLC v. Consumer Financial Protection Bureau (2020)
“” 12 U. S. C. §5302 . Petitioner urges us to disregard this plain language for three reasons.”
Seila Law LLC v. Consumer Financial Protection Bureau (2020)
“” 12 U. S. C. §5302 . Petitioner urges us to disregard this plain language for three reasons.”
PHH Corporation v. CFPB (2018)
“at 1390, 1964, section 5302 provides in relevant part that “[i]f any provision of this Act . . . is held to be unconstitutional, the remainder of this Act .”
PHH Corporation v. CFPB (2016)
“Indeed, the Dodd-Frank Act itself all but answers the question of presumed congressional intent through its express severability clause, which instructs: “If any provision” of the Act “is held to be unconstitutional, the remainder of” the Act “shall not be affected thereby.”
Consumer Financial Protection Bureau v. OCWEN Financial Corporation, Inc. (2019)
“§ 5491 (c)(3), pursuant to 12 U.S.C. § 5302 , not dismissal[.]” Jd. at p.”
Consumer Financial Protection Bureau v. Access Funding, LLC (2019)
“at 8‒9 (quoting 12 U.S.C. § 5302 ). And, the Bureau notes that then Judge Brett Kavanaugh, while on the D.”
Consumer Financial Protection Bureau v. Navient Corporation (2021)
“” 12 U.S.C. § 5302 . Seila, 140 S.Ct. at 2209 .”
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