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Commentary by Eamonn K. Moran

In CFPB v. National Collegiate Master Student Loan Trust, et. al., a three-judge panel of the U.S. Circuit Court of Appeals for the Third Circuit considered two issues: (i) whether the fifteen appellant trusts were "covered persons" subject to the CFPA and (ii) whether the original lawsuit had to be ratified because the action was initiated while there was a constitutional deficiency within the CFPB.