Author Archives: Jeff Sovern

Public Citizen, NCLC, NAACP sue Vought to stop CFPB’s destruction

The complaint is here. It also request a TRO. The complaint reports that the Bureau’s “statutorily mandated consumer complaint went dark, cutting off one of the Bureau’s most direct links with consumers in dire financial straits. The Bureau’s Consumer Response function is now functioning at diminished capacity at best, threatening a vital lifeline that collects hundreds […]

From NCLC: Consumers and Groups File for Right to Defend Rule Removing Medical Debt from the Credit Reports of 15M People

We received the following: HOUSTON – Multiple directly impacted people and groups have asked for permission in federal court to defend the Consumer Financial Protection Bureau’s (CFPB’s) important recent rule to remove medical debt from credit reports. The National Consumer Law Center (NCLC) is representing Texas truck driver David Deeds and District of Columbia resident […]

Does shutting down the CFPB violate the major questions doctrine?

The Supreme Court has described the major questions doctrine in different ways, but here is one formulation, taken from Util. Air Regul. Grp. v. EPA, 573 U.S. 302, 324 (2014): When an agency claims to discover in a long-extant statute an unheralded power to regulate ‘a significant portion of the American economy,’ [the Supreme Court] […]

DOJ takes position that FTC commissioners can be fired without cause

The letter is here. The Supreme Court held otherwise in Humphrey’s Executor, but the letter calls for overturning that decision. The Supreme Court has thus far resisted attempts to get it to revisit Humphrey’s Executor but the administration’s effort ratchets up pressure to decide the issue. If the Supreme Court decides that FTC commissioners can […]

Powell testifies that Fed must continue financing CFPB

From Kyle Campbell’s report in the American Banker: “There are only two statutes that require the Fed to make Fed bank assessments and neither permit the CFPB to fund transfers,” Britt said. “So what authority, exactly, did the federal reserve have to assess the reserve banks in this manner over the last two years?” Powell […]