ITT Educational Services, the defendant within the CFPB’s first enforcement action against a for-profit education company, has filed a motion seeking dismissal from the CFPB’s complaint. Filed earlier this Feb within an Indiana federal court, the CFPB’s complaint accused ITT of violating the Dodd-Frank ban on unfair, deceitful, or abusive practices (UDAAP) by misleading borrowers about job placement rates and salaries after graduation, misrepresenting details about accreditation and also the transferability of credits, and powerful-arming students into high-interest loans that the organization understood students could be not able to pay back.

The complaint also alleged that ITT violated the reality in Lending Act by neglecting to precisely disclose finance charges. Particularly, the complaint alleges that ITT offered graduating students the opportunity to pay back your finance balance inside a lump sum payment having a discount applied, or perhaps in installments with no discount. The CFPB alleges the “foregone discount” connected using the installment plan constituted a finance fee which should happen to be disclosed towards the borrowers. The CFPB needs an injunction against ITT’s allegedly improper functions, in addition to unspecified civil penalties and restitution for those affected consumers.

In the brief meant for its motion to dismiss, ITT argues the suit violates the U.S. Metabolic rate. First, ITT alleges the CFPB is definitely an unconstitutional entity because there’s no significant Presidential control of the CFPB’s Director with no Congressional control of the CFPB’s funding which isn’t susceptible to the appropriations process. (Similar constitutional arguments were rejected captured with a federal court in Washington, D.C.) Second, ITT alleges the suit violates due process because controlled parties don’t have fair notice of the items constitutes “unfair” or “abusive” functions or practices.

In the complaint, the CFPB alleged that ITT was susceptible to its enforcement authority in a variety of ways, including in ITT’s capacity as (1) an agent (brokering loans provided by other lenders), (2) an economic advisory service (supplying advice to students through ITT’s educational funding staff), and (3) something provider with other lenders (according to its supplying a “material service” with other lenders by taking part in the look, operation, or upkeep of their loans).

In relocating to dismiss the complaint, ITT argues that it’s not really a “covered person” underneath the Consumer Financial Protection Act (Dodd-Frank Title 10) susceptible to the CFPB’s UDAAP enforcement authority. Based on ITT, the help it provided students regarding the acquiring loans didn’t constitute “brokering” underneath the CFPA but rather was assistance it had been statutorily-needed to supply students in securing educational funding. It asserts the CFPB’s jurisdiction over “financial advisory services” is restricted to “services so carefully associated with

banking… they can be an effective incident thereto” which any attempt through the CFPB to stretch financial advisory services “to cover the standard assistance that college educational funding employees provide to students-[something] clearly not [associated with banking-could be illegal.”

ITT also argues that it’s not really a company with other lenders because (1) the 3rd-party home loan programs provided to its students specified for in 2009 and 2008 and also the CFPB cannot exercise enforcement authority over ITT for designing someone financial service or product before This summer 21, 2011, the date which the CFPB acquired its enforcement authority, and (2) supplying educational funding help students isn’t equal to supplying a “material service” with other lenders regarding the operating or maintaining their loans.

Regarding the merits from the CFPB’s UDAAP claims, ITT argues the complaint does not allege adequately that ITT involved in unfair or abusive functions or practices. Additionally, it argues the CFPB’s TILA claim is substantially time-barred since claims arising after Feb 16, 2013, twelve months prior to the complaint was filed, could be heard and also the complaint states nothing specific about ITT’s conduct next date. ITT further argues the TILA claim is meritless since the installment plans provided to graduating students were a typical settlement of existing debt that’s excluded from Regulation Z.

In the brief, ITT warns the CFPB seeks to “create a category of prospective students who’re too harmful to service-and for that reason can’t be educated” that is “contrary towards the needs of disadvantaged students, lacks any discernible limits, and really should be rejected.”