Alan S. Kaplinsky

Alan S. Kaplinsky

Ballard Spahr LLP

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Filibuster rule change: an explanation for Director Cordray’s confirmation?

Numerous media sources have reported that Senate Democrats “went nuclear” today and, by a vote of 52-48, voted to change Senate filibuster rules to only require 51 (a simple majority) rather than 60 votes for most...more

11/22/2013 - Confirmation Proceedings Filibuster Richard Cordray

CFPB responds to letter from Senators raising concerns about auto fair lending guidance

The CFPB has responded to the October 30 letter it received from a bipartisan group of 22 U.S. Senators raising concerns about the fair lending auto finance bulletin issued by the CFPB this past March. The Senators’ letter...more

11/5/2013 - Automotive Loans CFPB Fair Lending Federal Reserve FTC Richard Cordray

CFPB plans to continue targeting of individuals in enforcement actions

In a speech last week to the Reuters Washington Summit, Director Cordray is reported to have indicated that the CFPB is committed to pursuing individuals, and not just companies, when exercising its enforcement authority. Mr....more

10/29/2013 - CFPB Compliance Enforcement Actions Liability Richard Cordray

New book chronicles creation of CFPB

Since today is the “day after” Richard Cordray’s confirmation as CFPB Director, it is perhaps fitting for me to be writing about a book that provides some history of the CFPB....more

7/17/2013 - Books CFPB Harry Reid Recess Appointments Richard Cordray

Senate appears poised to confirm Richard Cordray as Director of the CFPB

I heard from many media sources that a “deal” has been struck in the Senate which will result in Richard Cordray being confirmed by the Senate as Director of the CFPB for a 5-year term....more

7/16/2013 - CFPB Filibuster Harry Reid Political Appointments Recess Appointments Richard Cordray

Senate votes in favor of cloture for confirmation of Richard Cordray as Director of the CFPB

The Senate voted 71-29 in favor of cloture. That means that the Republicans will not use the threat of the filibuster to block a confirmation vote in the Senate of Richard Cordray’s nomination by President Obama to be...more

7/16/2013 - Barack Obama CFPB Filibuster Nominations Political Appointments Recess Appointments Richard Cordray

Supreme Court agrees to take on recess appointment controversy

On June 24, 2013, the U.S. Supreme Court agreed to review the D.C. Circuit’s decision in Noel Canning v. NLRB invalidating President Obama’s January 4, 2012 appointment of three NLRB members....more

6/25/2013 - Canning v NLRB Certiorari CFPB NLRB Recess Appointments Richard Cordray SCOTUS

CFPB payday and deposit advance loans white paper draws industry fire

The CFPB’s white paper on payday and deposit advance loans received well-deserved criticism in a letter to Director Cordray from the Community Financial Services Association of America (CFSA), a national trade organization...more

5/7/2013 - CFPB Deposit Advances Payday Loans Richard Cordray

No fireworks at Cordray nomination hearing

Not only did the Senate Banking Committee hearing this morning on Richard Cordray’s nomination to be CFPB Director produce no fireworks, there were moments when Committee members seemed to forget he was in the hearing room....more

3/13/2013 - CFPB Nominations Richard Cordray

Director Cordray targets payday and student lenders in remarks to Consumer Advisory Board

Director Cordray’s prepared remarks for yesterday’s meeting of the CFPB Consumer Advisory Board contained some particularly ominous signs for student and payday lenders. ...more

2/21/2013 - Borrowers CFPB Creditors Loan Servicer Loan Servicing Mortgage Loan Servicing Standards Richard Cordray Student Loans

Chamber of Commerce suggests improvements for CFPB exams and investigations

In a letter sent last week to Director Cordray, the Chamber of Commerce’s Center for Capital Markets Competitiveness suggested several steps “based upon the actual experiences of numerous individual businesses” for the CFPB...more

2/19/2013 - Capital Markets CFPB Chamber of Commerce Enforcement Attorneys Investigations Richard Cordray

The political posturing continues….

President Obama’s renomination of Richard Cordray to serve as CFPB Director is now official. On February 13, the White House announced that his nomination was sent to the Senate....more

2/15/2013 - Barack Obama CFPB Nominations Richard Cordray

Update on CA case challenging Mr. Cordray’s appointment

We have been following the case filed this past summer by the CFPB in a California federal court against an attorney and his law firm that offered mortgage assistance relief services to consumers. In CFPB v. Chance Edward...more

2/15/2013 - Affirmative Defenses Canning v NLRB CFPB CFPB v Chance Edward Gordan Court-Appointed Receivers Preliminary Injunctions Recess Appointments Richard Cordray Summary Judgment

No takers for CFPB Deputy Director

It is not surprising to me that Director (yes, he is still the Director until a court rules otherwise) Cordray has had difficulty finding a Deputy Director to fill Raj Date’s position....more

2/4/2013 - Canning v NLRB CFPB Political Appointments Pro Forma Sessions Recess Appointments Richard Cordray

The Senate Republicans officially weigh in on Cordray’s nomination

Whatever hope President Obama may have had that his nomination of Richard Cordray to serve a five-year term as Director of the CFPB vanished today when 43 Republican Senators joined in a letter to the President saying that...more

2/4/2013 - Barack Obama Canning v NLRB CFPB Dodd-Frank Richard Cordray

New CFPB Deputy Director about to be appointed

The word on the street is that tomorrow Richard Cordray will appoint a new Deputy Director to replace Raj Date who has been serving in that capacity since Jan. 6 of 2012....more

1/30/2013 - Administrative Appointments Barack Obama Canning v NLRB CFPB NLRB Pro Forma Sessions Recess Appointments Richard Cordray

D.C. Circuit NLRB Decision Casts Doubt on Validity of Cordray Appointment

The validity of President Obama’s January 2012 recess appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau is now under a dark cloud as a result of the decision by the U.S. Court of Appeals...more

1/29/2013 - Barack Obama Canning v NLRB CFPB NLRB Political Appointments Pro Forma Sessions Recess Appointments Richard Cordray

Keeping a stiff upper lip is no answer here!

While the CFPB has not yet issued a formal written statement about the impact of the D.C. Circuit’s recent opinion in Canning v. NLRB on the Bureau, the Wall Street Journal reported in its weekend edition that a CFPB...more

1/29/2013 - Barack Obama Canning v NLRB CFPB NLRB Political Appointments Pro Forma Sessions Recess Appointments Richard Cordray

Richard Cordray renominated as CFPB Director

Richard Cordray was renominated today by President Obama to serve as CFPB Director for a five-year term. The President’s recess appointment of Mr. Cordray only allows him to serve as CFPB Director until the end of this year....more

1/24/2013 - Barack Obama Canning v NLRB CFPB Nominations Richard Cordray

D.C. Court of Appeals may soon invalidate President Obama’s NLRB recess appointments: implications for CFPB

Earlier today, we reported on the panel discussion of the lawsuit filed by State National Bank of Big Spring that took place at the ABA Committee on Consumer Financial Services in Naples, Florida during a session entitled...more

1/10/2013 - Barack Obama Canning v NLRB CFPB NLRB Political Appointments Pro Forma Sessions Recess Appointments Richard Cordray

CFPB gets preliminary injunction in mortgage relief assistance case

On November 16, a federal district judge in California entered a preliminary injunction in favor of the CFPB in the action it filed this past July against a law firm that offered mortgage assistance relief services to...more

11/21/2012 - Barack Obama Canning v NLRB CFPB Mortgages NLRB Preliminary Injunctions Recess Appointments Richard Cordray

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