Democratic House members urge Kraninger to resume MLA exams

Ballard Spahr LLP
Contact

Twenty-three Democratic members of the House Financial Services Committee have sent a letter to Kathy Kraninger, the CFPB’s new Director, urging the Bureau to resume examining its supervised entities for compliance with the Military Lending Act (MLA).  The Democrats signing the letter include Maxine Waters, currently the Ranking Member, who is expected to become Committee Chairman next month.

The letter cites reports that former Acting Director Mick Mulvaney was planning to eliminate routine supervisory examinations of creditors for MLA violations because the CFPB lacks statutory authority to conduct such examinations.  Thirty state attorneys general, joined by the AGs of the District of Columbia, Puerto Rico, and the Virgin Islands, and all 49 Democratic Senators had previously sent letters to Mr. Mulvaney urging him to reconsider his plans to eliminate MLA examinations.  As did the AGs and Senators, the House Members take the position that the CFPB has statutory authority to conduct such examinations.  For the reasons set forth in our prior blog posts, we think this position is based on a misreading of the Bureau’s supervisory authority under the CFPA.

Whether the Bureau should resume MLA examinations is among the many decisions that Ms. Kraninger will face early in her tenure as Director.  With Democrats assuming control of the House next month, the pressure on her to do so is likely to intensify.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ballard Spahr LLP | Attorney Advertising

Written by:

Ballard Spahr LLP
Contact
more
less

Ballard Spahr LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide