News & Analysis as of

PHH Corp. v CFPB Trump Administration

White & Case LLP

Consumer financial services: The road ahead: CFPB structural changes

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During his tenure, former CFPB Acting Director Mick Mulvaney brought significant changes to the Bureau’s structure and operations. As the new CFPB Director, Kathy Kraninger will have the benefit of a full five-year term to...more

Perkins Coie

Court Rules That Consumer Financial Protection Bureau Is Unconstitutional

Perkins Coie on

Summary of SDNY order holding that CFPB is unconstitutional - CFPB v. RD Legal Funding, LLC, 17-cv-890 (June 21, 2018, S.D.N.Y.) - Last week, a federal court in New York ruled that the entire Consumer Financial...more

Baker Donelson

Consumer Financial Services Reform in Year Two of the Trump Administration

Baker Donelson on

The publicly traded banking sector increased its market value by almost 30 percent in the first year of the Trump Administration. In part, this was a product of an overall strong performance by the stock market, but it also...more

Foley & Lardner LLP

RESPA and UDAAP Enforcement Following The PHH Decision: What To Expect

Foley & Lardner LLP on

As anyone who is associated with the residential real estate settlement services industry can appreciate, resolution of the PHH case by the full bench of the D.C. Circuit Court of Appeals has brought much-needed clarity and...more

Seyfarth Shaw LLP

Win Some, Lose Some: Trump Gets A Loss And A Win In The Fight To Control The CFPB

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Seyfarth Synopsis: One court upholds protection of Dodd-Frank limiting the President’s removal authority, while another court stifles a challenge against Mulvaney serving as acting Director of CFPB....more

Stinson LLP

Will the New Year Bring a New CFPB? Planning in the Wake of Uncertainty

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The Consumer Financial Protection Bureau (CFPB) was created under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) in July 2010 in the wake of a financial crisis, as an independent agency tasked with...more

Ballard Spahr LLP

Richard Cordray’s tenure as CFPB Director is uncertain

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Clients are always asking me and others in our Consumer Financial Services Group about how long Richard Cordray will remain as CFPB Director. The short answer is nobody knows, perhaps not even Richard Cordray. ...more

Miles & Stockbridge P.C.

Director Cordray Has Chance to Retain Power and Autonomy

The U.S. Court of Appeals for the District of Columbia Circuit Court issued its decision in PHH Corporation v. Consumer Financial Protection Bureau in October, 2016, holding that the Consumer Financial Protection Bureau...more

Ballard Spahr LLP

Some suggested questions for Director Cordray’s expected appearance at April 5 House hearing

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On April 5, 2017, the House Financial Services Committee will hold a hearing, “The 2016 Semi-Annual Reports of the Bureau of Consumer Financial Protection Bureau.” Since Director Cordray has appeared at all of the...more

Bilzin Sumberg

The New Administration's Plans for the CFPB Take Shape

Bilzin Sumberg on

For those who have been wondering—as I did in a previous post—what the new presidential administration would mean for the Consumer Financial Protection Bureau (CFPB), an agency that has been in Republicans’ crosshairs...more

BCLP

Trump May Not be the Only Catalyst for Administrative Reform

BCLP on

In the past few months, there has been a lot of speculation regarding the future of many administrative agencies under Trump’s administration. However, two current cases pending in the D.C. Circuit have the potential to have...more

Ballard Spahr LLP

House subcommittee to hold hearing tomorrow on CFPB’s constitutionality

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The Subcommittee on Oversight and Investigations of the House Committee on Financial Services has scheduled a hearing for tomorrow entitled “The Bureau of Consumer Financial Protection’s Unconstitutional Design.” The memo...more

Polsinelli

Banking and Financial Institutions Newsletter

Polsinelli on

President Trump Issues Executive Order Instructing Review of Financial Regulations - President Donald Trump on February 3rd issued an Executive Order (EO) detailing his Administration’s core principles for financial...more

Ballard Spahr LLP

Cordray’s CNBC interview answers few questions

Ballard Spahr LLP on

Recently, Richard Cordray was interviewed by CNBC while eating breakfast at a diner in his hometown in Ohio.  The interview was more noteworthy for what it failed to cover than for what it covered.  He was not asked the...more

Arnall Golden Gregory LLP

D.C. Circuit Vacates and Grants En Banc Review of Decision That Declared CFPB Unconstitutional

In an order on February 16, 2017, the U.S. Court of Appeals for the District of Columbia Circuit vacated the panel decision and granted the petition by the Consumer Financial Protection Bureau for an en banc rehearing in PHH...more

Ballard Spahr LLP

Democratic lawmakers/ Democratic state AGs/ consumer advocacy groups seek reconsideration en banc of motions to intervene in PHH...

Ballard Spahr LLP on

After the D.C. Circuit panel issued a per curiam order on February 2 denying the three motions to intervene that were filed in the PHH case, we expected the next development in the case to be a decision by the D.C. Circuit on...more

Ballard Spahr LLP

OIRA guidance confirms executive order to reduce regulations does not apply to independent agencies

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Interim Guidance issued by the Office of Information and Regulatory Affairs (OIRA) to implement President Trump’s executive order entitled “Reducing Regulation and Controlling Regulatory Costs” confirms that the order does...more

Ballard Spahr LLP

Some thoughts on President Trump’s authority to replace Director Cordray

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There has been some debate about President Trump’s authority to designate a replacement for Director Cordray should he resign or be removed by the President. The Dodd-Frank Act authorizes the CFPB Director to appoint a...more

Ballard Spahr LLP

President Trump signs executive order to reduce regulations; application to CFPB doubtful

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President Trump has signed an executive order entitled “Reducing Regulation and Controlling Regulatory Costs.” Like the regulatory freeze memo issued on Inauguration Day by Reince Priebus, the President’s Chief of Staff,...more

Goodwin

Congressional Black Congress Urges President Not to Remove CFPB Director Cordray

Goodwin on

On January 24, 2017, 38 members of the Congressional Black Caucus (CBC) sent a letter to President Trump urging him to cease any planned efforts to remove Consumer Financial Protection Bureau (CFPB) Director Richard Cordray....more

Ballard Spahr LLP

Democratic lawmakers, consumer advocacy groups seek to intervene in PHH appeal

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This past Monday, the Democratic Attorneys General of 16 states and the District of Columbia filed a motion with the D.C. Circuit seeking to intervene in the PHH appeal. Today, two more motions to intervene were filed. One...more

Ballard Spahr LLP

Democratic state AGs seek to intervene in PHH appeal

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The Democratic Attorneys General of 16 states and the District of Columbia have filed a motion with the D.C. Circuit seeking to intervene in the PHH appeal.  The states are Connecticut, Delaware, Hawaii, Illinois, Iowa,...more

Ballard Spahr LLP

Trump Administration issues regulatory freeze; application to CFPB uncertain

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On Inauguration Day, Reince Priebus, Assistant to the President and Chief of Staff, issued a “Memorandum for the Heads of Executive Departments and Agencies” with the subject line “Regulatory Freeze Pending Review” that...more

Ballard Spahr LLP

Another view on Presidential authority to remove Director Cordray

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As rumors swirl that President-elect Trump is planning to remove Director Cordray immediately after January 20th, conflicting views have emerged about his authority to do so before the appeal in PHH is resolved. We...more

Ballard Spahr LLP

Lawmakers take sides on Director Cordray’s future; Senator Warren urges consumer advocates to defend CFPB

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Battle lines over Director Cordray’s future at the CFPB are predictably forming along party lines. Earlier this week, two Republican senators sent a letter to Vice President-elect Pence urging Director Cordray’s removal by...more

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