Category Archives: Consumer Financial Protection Bureau

How the FTC Demonstrates Why We Need a Strong, Independent, Pro-Consumer CFPB

by Jeff Sovern The FTC is a terrific agency that has done a lot of good for consumers.  Every FTC staffer I've ever met has impressed me as dedicated to consumer welfare, hard-working, and talented.  And yet, the FTC could do more if it weren't hamstrung by precisely the limits the financial industry and the […]

House “Freedom Caucus” Asks Trump to Kill CFPB Proposed Arbitration Rule; Is Freedom Just Another Word for Tricking/Trapping Consumers?

WSJ report here (behind paywall). The Caucus consists of 40 members.  The article reports that they seek rollback of 200 rules, but they anticipate that the number will rise. 

Am. Banker: Trump vs. Cordray: The Battle Ahead

Here (free content). The entire article is worth a read, but here are some highlights: J.W. Verret, an associate law professor at George Mason University School of Law, listed some reasons why he thinks Cordray could be removed for cause: allegations of employee discrimination and retaliation at the CFPB, and a settlement with auto lender Ally Financial that some […]

Am. Banker: CFPB on Collision Course with Trump’s Justice Department

Here.  Excerpt: * * * Title X of the Dodd-Frank Act * * * gives the agency explicit authority to pursue its own litigation up to and including the Circuit Court level. But when it comes to the Supreme Court, the law says the CFPB must first file a written request to the U.S. Attorney General […]

Trump Names Point Man on CFPB Who Opposes Regulation, Supports ALEC

by Jeff Sovern President-Elect Trump has named former SEC Commissioner Paul Atkins his "landing team" member for the CFPB, among other federal agencies.  Atkins has a history of opposing regulation and supporting business.  Politico has a piece about him titled Trump team member slams unions, activists in favor of businesses. Excerpt: “While Paul is in […]

WSJ: Trump Transition Team Considering Killing CFPB

by Jeff Sovern The Journal's editorial, behind a paywall, is here.  Excerpt: By all rights the [Consumer Financial Protection] bureau should be killed, and we’re told the Trump transition team is considering this and other options. The political problem is that killing the bureau would probably require 60 Senate votes, and Democrats would be able […]

DC Circuit Orders PHH to Respond to CFPB’s Petition for Rehearning En Banc, Invites Solicitor General to Comment

So reports my fellow blogger Deepak Gupta on Twitter.  This is in the PHH case in which the panel ruled that the CFPB was unconstitutional unless the President could fire the Bureau's director without cause.  The response is due in early December, well before the shift in administrations. 

Debt Collection Journalist Jake Halpern Asks in the Times: Will Guys With Guns Replace the Agency Elizabeth Warren Created?

Here (behind paywall).  Excerpt: Brandon Wilson is a former armed robber who, after serving roughly a decade in prison, reinvented himself as a successful debt broker. * * * * * * [Wilson]  explained it: “Part of the package you get of being my business associate or my friend is that I’m gonna protect you […]

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 […]