Author Archives: Jeff Sovern

Does Trump’s Victory Mean John Dugan Will Return as a Regulator?

by Jeff Sovern John Dugan, a former bank lobbyist, was the Comptroller of the Currency during the George W. Bush Administration.  The Office of the Comptroller of the Currency was then seen by some as an aggressive protector of banks. Among the reasons: the OCC took the position that state anti-predatory lending laws were preempted by […]

Could a President Trump Fire CFPB Director Cordray on Day One Even While the PHH Suit is Pending?

Aditya Bamzai of Virginia argues that he could here.  Excerpt: [The] premise [that the president has to let the litigation runs its course] appears to rest on two mistaken assumptions: (1) that the President cannot exercise his removal authority absent an Article III judgment authorizing such removal, especially when a pending case may address the very […]

Will the CFPB Issue the Arbitration Rule Soon?

That's one of the questions addressed by the Wall Street Journal in an article headlined Financial Regulators Scramble to Complete Postcrisis Rules. (behind paywall). Excerpt: “This type of ’midnight rulemaking’ is neither conducive to sound policy nor consistent with principles of democratic accountability,” Texas Rep. Jeb Hensarling, chairman of the House Financial Services Committee, told […]

LA Times’s David Lazarus on the Threat the CFPB Faces in December

by Jeff Sovern The column is titled The future isn't bright for highly successful consumer watchdog. Excerpt: A stopgap government funding bill passed in September will expire Dec. 9. It’s widely expected that conservative members of Congress will include language in follow-up funding legislation that would change how the bureau operates and the scope of its […]

Times Article Shows How Business Uses Science to Deceive Consumers: “Doubt is our product.”

From an op-ed in today's Times, Climate Change in Trump’s Age of Ignorance, by Robert N. Proctor (behind paywall): [S]science was one of the instruments used by Big Tobacco to carry out its denial (and distraction) campaign. Cigarette makers had met at the Plaza Hotel in New York City on Dec. 14, 1953, to plan […]

CFPB Petitions DC Circuit for Rehearing En Banc of PHH Case Holding CFPB Structure Unconstitutional

PHH was the case that held that the CFPB's structure is unconstitutional and that the remedy was to provide that the CFPB director could be fired without cause.   The petition is here.  It describes that case as "what may be the most important separation-of-powers case in a generation." National Law Journal coverage (behind paywall) here.  […]

AAJ: Forced Arbitration: How Corporations Use the Fine Print to Bully Americans

Here.  And here is the abstract: Though few realize it, forced arbitration clauses are endemic in today’s marketplace — hidden in credit card agreements, bank accounts, corporate social media pages, even Starbucks gift cards. More than half a billion arbitration provisions infiltrate our everyday lives. Despite their prevalence, few consumers are aware of the forced […]

Trump’s Transition Team: Dismantle Dodd-Frank

The statement is here.  Excerpt: * * * Federal policy should focus on free enterprise, while protecting consumers by policing markets for force and fraud.  Both Wall Street and Washington should be held accountable.  Following the financial crisis, Congress enacted the Dodd-Frank Act, a sprawling and complex piece of legislation that has unleashed hundreds of […]

Paul Bland: The Swamp on Steroids: Trump’s Plan to Repeal Dodd-Frank Will Enable Corruption

Here.  The whole piece is worth reading, but here's an excerpt: Donald Trump’s Presidential campaign was filled with a lot of bold talk about “draining the swamp” and fighting against lobbyists. He attacked Hillary Clinton for her supposed cozy relationship with banks, and talked about how he’d stand up to Wall Street on behalf of the […]