Stephen Calkins of Wayne State writes: The FTC is down to two commissioners. Both of them recused themselves for unstated reasons when the agency filed an administrative complaint, In re Caremark Rx, Dkt. 9437. THERE IS CURRENTLY PENDING BEFORE THE COMMISSION –NOT THE ALJ – A MOTION TO POSTPONE THE TRIAL DATE (currently the end […]
Stephen Calkins of Wayne State, who formerly served as FTC General Counsel, has pointed out that when the FTC has only two commissioners, two is a quorum for FTC action under the regs: 4.14 Conduct of business. (a) Matters before the Commission for consideration may be resolved either at a meeting under § […]
Reuters reports the story here. The Supreme Court has ruled that presidents can’t fire FTC commissioners, but the Trump administration is challenging the ruling. If the Supreme Court overturns the precedent and upholds the firing, it will be interesting to see what happens the next time the Democrats take the presidency. The firings undermine Republican […]
In a recent Hill op-ed, We don’t need the Consumer Financial Protection Bureau — we have courts, Vanderbilt Professor Brian T. Fitzpatrick writes: Many are asking: If the CFPB goes out of business, who will be there to help consumers? The answer is one million lawyers. CFPB has been around for less than 15 years. Consumers […]
I get that the Trump administration’s flood the zone strategy means a lot of things are newsworthy right now. But I’m still surprised and disappointed at how few op-eds (or guest essays if you prefer) and editorials I’m seeing that support the CFPB. While print publications have significant limits on what they can publish because […]
Here, by Dan Ennis. The Trump administration didn’t follow the proper procedures for the firings–but the firings might be back on when/if it does. Federal District Judge James K. Bredar granted a TRO: the order is here.
Here, by Kyle Campbell. Here’s a quote: CFPB staffers have stopped signing off on redress plans from banks under consent orders, according to a CFPB examiner who is on administrative leave and asked to remain anonymous for fear of retaliation. Because of this, even banks that want to remunerate customers are unable to do so.
So reports Jon Hill in Law360 here. Judge Matthew J. Maddox concluded the CFPB’s actions are not a final agency action.
Here, by Ali Sullivan (probably behind paywall).