Category Archives: Consumer Financial Protection Bureau

Law360: McKernan to be confirmed as CFPB director in May; congressional GOP leaders plan to limit CFPB

So Jon Hill reports in Trump’s CFPB Pick Could Be Confirmed By May, Scott Says. I still don’t know why the Senate’s confirmation vote on McKernan has been delayed. As for congressional Republicans’ other plans for the Bureau, Hill reports: [House Financial Services Chair French] Hill said that the general preference among his Republicans colleagues is […]

Nonprofit groups oppose CFPB’s attempt to reverse redlining settlement

The National Fair Housing Alliance, joined by fair housing, civil rights, and consumer protection organizations, filed an amicus brief last Friday in Consumer Financial Protection Bureau v. Townstone, an enforcement action that the bureau previously had successfully settled but that it now seeks to reverse in favor of the corporate defendant. In the original case, […]

Kate Berry: DOJ says CFPB stop-work order maintains statutory functions

The American Banker’s Kate Berry reports on the DOJ reply in the DC Circuit Court of Appeals appeal from Judge Jackson’s preliminary injunction ordering that the CFPB stay open. Here’s a quote: “Once agency leadership recognized that employees had inferred the agency was winding down, it acted to dispel that misimpression,” the DOJ said, contradicting […]

Law360: DC Circ. Steps In To Pause CFPB Order As Judge Denies Stay

By Jon Hill, here. The DC Circuit Court of Appeals issued an administrative stay and explained “The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motion for stay pending appeal and should not be construed in any way as a ruling on the merits of that motion.” […]

Why hasn’t the Senate voted on CFPB nominee McKernan’s confirmation yet?

The Senate Banking Committee held a hearing on CFPB-Director nominee Jonathan McKernan and three nominees for other agencies back on February 27 and voted to confirm them all at the same session, back on March 6. The full Senate confirmed the other three on March 12 and March 13. Yet the full Senate has not […]

District Court enters preliminary injunction against effectively shutting down the CFPB

Some remarkable statements in the opinion (this is all I have time for now):. Judge Jackson wrote of the CFPB’s employee testifying for the agency: “He had the demeanor of an abused wife brought to court by her husband to drop the charges.” “The testimony and the contemporaneous documents suggest that those last minute communications […]

Congress carries on with votes to stamp out consumer protections

U.S. senators are on their way to approve of big banks burdening constituents with excessive overdraft fees. The Consumer Financial Protection Bureau recently issued a rule to limit overdraft fees charged by the largest banks to $5. But in a late-night move yesterday, the Senate voted to advance a Congressional Review Act resolution that would […]