A small-market Texas state bank acting as plaintiff in a statewide assault on a Consumer Financial Protection Bureau (CFPB) final rule is the latest in a series of maneuvers by parties at odds with the agency. The federal bureau has been experiencing a pattern of new motions and lawsuits across the country that are using a U.S. Court of Appeals for the Fifth Circuit opinion holding that the bureau is unconstitutionally funded; therefore, its regulatory authority should be considered null.

In Texas Bankers Association and Rio Bank v. CFPB, the association and the McAllen-based bank challenge a recent final rule requiring the implementation of new software and compliance mechanisms. The suit further contends that any rules made public by the bureau are unconstitutional.

The plaintiffs complain that the bureau expanded 13 reporting data points required by law and turned them into almost 900 pages of rulemaking for more than 80 reporting requirements for small business loans.