Category Archives: Consumer Financial Protection Bureau

Now that the OCC Head is Not a Bank Lobbyist, Republicans Want a Commission There Too

by Jeff Sovern The Office of the Comptroller of the Currency is a bank regulator that, like the CFPB, has a single head rather than a commission structure and gets its funding outside the appropriations process.  I have pointed out before two things about this: first, that unlike with the CFPB, Republicans have been happy […]

CFPB Wants to Hear From Students

Here's the email they sent out:   Good afternoon,   We need your help to figure out what’s the deal with financial products marketed to students, like debit cards and checking accounts.   Email us at CFPB_StudentsFedReg@cfpb.gov by March 18 to tell us about any aspect of your experience.   That may include: Signing up for the card or account […]

Times Editorial on the Republican War on Consumer Protection and the CFPB

Quietly Killing a Consumer Watchdog. Excerpt: The consumer bureau has taken seriously its mandate to protect the public from the kinds of abuses that helped lead to the 2009 recession, and it has not been intimidated by the financial industry’s army of lobbyists. That’s what worries Republicans. They can’t prevent the bureau from regulating their […]

Does Senate “Advice and Consent” Always Require an Affirmative Vote?

For those of you following the controversy over President Obama's recess appointments to the NLRB and the CFPB, Matthew Stephenson has an interesting essay in the current issue of the Yale Law Journal. Here's the abstract: It is generally assumed that the Constitution requires the Senate to vote to confirm the President’s nominees to principal […]

Full Court Rebuffs Recess-Appointments Challenge

On Monday, we told you about one company's efforts to bring its challenge to President Obama's recess appointments before the U.S. Supreme Court. The challenge came in the form of an emergency stay application directed to Justice Ginsburg, which she wasted no time in denying. The challenger — a company, known as HealthBridge Management, that […]

More on the Republicans and the CFPB

So much is being written about Republican opposition to confirmation of the CFPB's director, Richard Cordray, that it's hard to keep up with it all.  But a couple of recent pieces pull a lot together and are worth a look. One is Nobel Laureate and Times columnist Paul Krugman's op-ed yesterday, Friends of Fraud, about […]

Kent Barnett Paper on Separation of Powers Litigation

Kent H.Barnett of Georgia has written To the Victor Goes the Toil–Remedies for Regulated Parties in Separation-of-Powers Litigation, in which he mentions the Big Spring case over the validity of the president's recess appointments, including to the Consumer Financial Protection Bureau.  Here's the abstract: The U.S. Constitution imposes three key limits on the design of […]