The order is here. Judge Jackson’s order for the district court is here. The DC Circuit is allowing the firing of CFPB employees whom the Bureau has determined “after a particularized assessment, to be unnecessary to the performance of defendants’ statutory duties.” It remains to be seen what a particularized assessment is (at one point […]
Category Archives: Consumer Financial Protection Bureau
Here in the American Banker. Berry wrote: “The judges appeared to be leaning toward remanding the case back to the district court with some conditions that would allow the administration to fire some employees or put them on administrative leave.” According to Berry, the government’s lawyer, Eric D. McArthur, argued that “[t]he district court does […]
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 […]
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, […]
The article in the American Banker is headlined, CFPB is back to doing enforcement again … sort of. Berry reports that the cases that the Bureau is continuing involve veterans or cases in which the Bureau is partnering with state attorneys general.
On Ballard Spahr’s Consumer Finance Monitor podcast. It’s a lengthy, informative interview.
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 […]
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.” […]
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 […]
In the American Banker. The oral argument will take place on April 9 before Judge Pillard, an Obama appointee and two Trump appointees: Judges Katsas and Rao.

