Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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CFPB announces November 13 “mystery” field hearing

Departing from its past practice, the CFPB has announced that it will hold a field hearing in Wilmington, Delaware on November 13 but has not yet disclosed what the hearing will be about. Instead, the announcement says only...more

10/30/2014 - Administrative Hearings CFPB Richard Cordray

Senator Crapo seeks information on CFPB’s regulatory streamlining efforts

In our blog post yesterday about the CFPB’s final rule allowing an alternative online delivery method for annual privacy notices, we commented that the CFPB has made limited progress on its regulatory streamlining initiative...more

10/24/2014 - Annual Notices CFPB Final Rules Legislative Committees Richard Cordray

Letter from leading Republicans to Director Cordray questions pre-confirmation actions

Following up on his earlier statement about the impact of the Supreme Court’s decision in NLRB v. Noel Canning on Richard Cordray’s actions taken prior to his July 16, 2013 confirmation by the Senate as CFPB Director,...more

7/31/2014 - Canning v NLRB Dodd-Frank NLRB Recess Appointments Richard Cordray SCOTUS Title X

Director Cordray to testify at July 30 House hearing on alleged CFPB employee discrimination

On July 30, 2014, the House Financial Services Committee’s Subcommittee on Oversight and Investigations will hold a hearing titled “Allegations of Discrimination and Retaliation and the CFPB Management Culture.” Director...more

7/29/2014 - CFPB Discrimination Richard Cordray

D.C. federal court reconsiders decision on FOIA requests to CFPB

Last September, a federal district court in Washington, D.C. issued an opinion on Freedom of Information Act (FOIA) requests made by Judicial Watch to the CFPB for documents relating to Richard Cordray’s recess appointment as...more

4/1/2014 - Attorney-Client Privilege CFPB FOIA Richard Cordray Work Product Privilege

Director Cordray gives prepaid card advice to state regulators

Director Cordray’s speech yesterday to the National Association of State Treasurers consisted primarily of his standard remarks about the CFPB’s handling of consumer complaints, financial education initiatives, and mortgage...more

3/19/2014 - CFPB Credit Cards Prepaid Payment Products Richard Cordray

How did Director Cordray fare on Jeopardy!?

CFPB Director Richard Cordray did not come close to matching his success in 1987 when he returned last night to Jeopardy! Mr. Cordray participated in the show’s “Battle of the Decades,” which brought back former champions to...more

2/7/2014 - CFPB Richard Cordray Television Programming Winnings

Cordray testifies to Senate Banking Committee

Director Cordray was the only witness at the Senate Banking Committee’s hearing yesterday on the CFPB’s fourth Semi-Annual Report to Congress. As a Committee member observed, Director Cordray’s appearance represented his...more

11/14/2013 - CFPB Richard Cordray Senate Banking Committee

House members urge CFPB to delay effective dates of mortgage rules

A letter dated November 5, 2013 to Director Cordray signed by 118 House members urges the CFPB to delay the effective dates of its ability-to-repay/qualified mortgage rule and other mortgage rules from January 2014 to January...more

11/7/2013 - CFPB Delays Mortgages Qualified Mortgage Rule Richard Cordray

Political office not in Director Cordray’s immediate future

Rumors have circulated for some time that Director Cordray might be considering a run at becoming Ohio governor. However, Politico has reported that at its Morning Money Breakfast today, Director Cordray indicated that he has...more

11/7/2013 - CFPB Political Campaigns Richard Cordray

Director Cordray focuses on mortgage rules in remarks to American Bankers Association

A substantial portion of Director Cordray’s remarks yesterday at the American Bankers Association’s Annual Convention in New Orleans was directed at justifying the Bureau’s decision not to delay the January 2014 effective...more

10/22/2013 - American Bankers Association CFPB Dodd-Frank Mortgages Richard Cordray

D.C. federal court issues decision on FOIA requests to CFPB

Although the controversy over the validity of Richard Cordray’s recess appointment as CFPB Director effectively ended with his confirmation by the Senate this past July, Freedom of Information Act (FOIA) requests for...more

10/16/2013 - CFPB FOIA Richard Cordray

Director Cordray gives wide-ranging testimony to House Financial Services Committee

Although the House Financial Service Committee’s hearing last Thursday was entitled “The Semi-Annual Report of the Consumer Financial Protection Bureau,” the contents of the report received little mention from committee...more

9/16/2013 - CFPB Compliance Data Collection Richard Cordray Testimony

Comments by Director Cordray portend aggressive rulemaking

Comments made by Director Cordray in an interview with the Washington Post indicate that the CFPB will be taking an aggressive approach to rulemaking in the coming months....more

9/13/2013 - CFPB Richard Cordray Strategic Enforcement Plan

Director Cordray ratifies pre-confirmation actions

The CFPB published a “Notice of Ratification” in today’s Federal Register in which Director Cordray ratifies the actions he took prior to his confirmation by the Senate as CFPB Director....more

9/1/2013 - CFPB Richard Cordray

Director Cordray comments on effective date of mortgage rules, prepaid card rule and new Deputy Director

CFPB Director Richard Cordray was among the federal financial regulators who attended a closed door meeting yesterday with President Obama. Other regulators attending the meeting included the Chairs of the Fed, FDIC and SEC....more

8/20/2013 - CFPB FDIC Federal Reserve Mortgages Prepaid Payment Products Richard Cordray SEC

D.C. federal court grants CFPB’s motion to dismiss in State National Bank of Big Spring

Yesterday, the CFPB’s motion to dismiss was granted in State National Bank of Big Spring, Texas, et al. v. Lew, et al., the case filed in federal district court in Washington, D.C. that included a challenge to President...more

8/6/2013 - CFPB Motion to Dismiss Political Appointments Recess Appointments Richard Cordray

Court set to rule on CFPB’s motion to dismiss in State National Bank of Big Spring

It looks like the court is finally set to rule on the CFPB’s motion to dismiss in State National Bank of Big Spring, Texas, et al. v. Lew, et al., the case still pending in federal district court in Washington, D.C. that...more

7/30/2013 - CFPB Motion to Dismiss Recess Appointments Richard Cordray UDAAP

New lawsuit challenging CFPB’s constitutionality filed

Constitutional challenges to the CFPB’s authority have not ended with Director Cordray’s confirmation last week as CFPB Director....more

7/23/2013 - CFPB Dodd-Frank Political Debates Recess Appointments Richard Cordray Separation of Powers

CFPB announces new senior staff members

Earlier this week, the CFPB announced the addition of the following four people to its leadership team: - Sartaj Alag to serve as Chief Operating Officer. Mr. Alag was previously in charge of starting up and managing...more

7/18/2013 - CFPB Officers Richard Cordray

Will Senator Reid “go nuclear”? Observers see even odds

According to Isaac Boltansky of Compass Point, “the rubber will hit the road” tomorrow morning on whether Senator Harry Reid will “go nuclear” and seek to change Senate filibuster rules to only require 51 rather than 60 votes...more

7/15/2013 - CFPB Filibuster Harry Reid Political Appointments Richard Cordray

Reid moves to end debate on Cordray nomination

Politico has reported that Democratic Senator Harry Reid has officially moved for cloture on Richard Cordray’s nomination as CFPB Director as well as on several other nominations made by President Obama....more

7/12/2013 - Barack Obama CFPB Harry Reid Nominations Richard Cordray

Senator Warren campaigns for Cordray confirmation

In a “tele-town hall” yesterday sponsored by Americans for Financial Reform, Senator Elizabeth Warren urged participants to contact their Senators to press them to confirm Richard Cordray as CFPB Director and support a change...more

7/9/2013 - CFPB Confirmation Proceedings Elizabeth Warren Political Campaigns Richard Cordray

CFPB data collection controversy continues

It appears Senator Mike Crapo, Ranking Member of the Senate Banking Committee, was not satisfied by CFPB Director Cordray’s letter to him responding to Senator Crapo’s questions about the CFPB’s data collection activities....more

7/5/2013 - Banks CFPB Data Collection Personally Identifiable Information Richard Cordray

Cordray continues to defend CFPB’s data collection

When he appeared before the Senate Banking Committee on April 23, Director Cordray was questioned by Republican Senators about reports that the CFPB was demanding voluminous amounts of information from banks it supervises...more

6/26/2013 - CFPB Data Collection Dodd-Frank Richard Cordray

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