LexisNexis ( February 10, 2023, 11:53 AM EST) -- The constitutionality of the Consumer Financial Protection Bureau continues to be challenged in litigation. Whether the funding structure of the CFPB is a violation of the separation of powers doctrine is a hot issue likely to be reviewed by the United States Supreme Court. If the High Court finds the existing structure to be unconstitutional, then the viability of existing rules and regulations promulgated by the CFPB most likely will be addressed. The following story published in a prior issue of this newsletter focuses on state deceptive practices laws. Regardless of how the latest challenges to the constitutionality of the CFPB are resolved, state deceptive practice laws will continue to be relevant and the subject of enforcement. The issue in the two cases discussed in this story is whether state deceptive practices statutes are displaced by the UCC. In both cases, the holding favored UCC displacement. However, note the Takeaways at the end of the story. In some states, deceptive practices statutes do cover financial services....