News & Analysis as of

Administrative Appointments Consumer Financial Protection Bureau

CFPB data collection freeze impacting CFPB examinations

by Ballard Spahr LLP on

Since Mick Mulvaney’s appointment by President Trump as CFPB Acting Director, there have been widespread media reports about Mr. Mulvaney’s plans to impose a freeze on the CFPB’s collection of personally identifiable...more

Democratic state AGs threaten aggressive use of enforcement authority in letter to President Trump

by Ballard Spahr LLP on

The Democratic attorneys general of 15 states and the District of Columbia have sent a letter to President Trump in which they express their support for the CFPB’s consumer protection mission and criticize the President’s...more

CUNA supports Mulvaney as Acting CFPB Director

by Ballard Spahr LLP on

On December 12, the Credit Union National Association (“CUNA”) filed an amicus brief in D.C. Federal District Court. In the brief, CUNA opposes Leandra English’s motion for a preliminary injunction. English seeks to block...more

Five amicus briefs in support of Leandra English filed in CFPB Acting Director dispute

by Ballard Spahr LLP on

Five amicus briefs were filed last Friday in support of the motion for a preliminary injunction filed by Leandra English in her action seeking a declaration that she, rather than Mick Mulvaney, has the legal right to serve as...more

English files motion for preliminary injunction, amended complaint in CFPB Acting Director dispute

by Ballard Spahr LLP on

As required by Judge Kelly’s scheduling order, yesterday afternoon Leandra English filed a motion for a preliminary injunction in her action seeking a declaration that she, rather than Mick Mulvaney, has the legal right to...more

Mulvaney puts hold on CFPB data collection, takes other actions as Acting Director

by Ballard Spahr LLP on

We have previously blogged about reports that Mick Mulvaney, President Trump’s designee as CFPB Acting Director, has put a 30-day freeze on all regulatory action, CFPB hiring, and new enforcement cases. ...more

Second lawsuit filed challenging Mulvaney’s appointment as CFPB Acting Director

by Ballard Spahr LLP on

Yesterday, the Lower East Side People’s Federal Credit Union filed a complaint in U.S. District Court for the Southern District of New York seeking a declaration that Mick Mulvaney’s appointment as CFPB Acting Director is...more

Court enters scheduling order in CFPB Acting Director dispute

by Ballard Spahr LLP on

Following a scheduling conference held earlier yesterday, Judge Kelly entered an order setting a briefing schedule and hearing date for Laurena English’s motion for a preliminary injunction in her action seeking a declaration...more

CFPB changes direction in enforcement action; Mulvaney names senior advisor

by Ballard Spahr LLP on

A new filing by the CFPB in its action against Nationwide Biweekly Administration Inc. may be an indicator of the enforcement philosophy of Mick Mulvaney, President Trump’s designee as CFPB Acting Director, and how that...more

Court Rules in Favor of Trump Appointee for CFPB Acting Director Slot

As we reported on earlier today, Consumer Financial Protection Bureau (CFPB) Deputy Director Leandra English filed a lawsuit late Sunday evening in the U.S. District Court for the District of Columbia (District Court) seeking...more

English to seek preliminary injunction in CFPB Acting Director dispute

by Ballard Spahr LLP on

Leandra English has filed a Proposed Schedule confirming that she plans to file a motion for a preliminary injunction in her action for declaratory and injunctive relief filed in D.C. federal district court seeking a...more

Democratic Senators oppose Mulvaney freeze on payments from CFPB civil penalty fund/English reported to urge continued enforcement...

by Ballard Spahr LLP on

At a press conference on November 27, Mick Mulvaney, President Trump’s designee for CFPB Acting Director, is reported to have announced that he has placed a 30-day freeze on all regulatory action, CFPB hiring, and payments...more

Democratic lawmakers, Republican attorneys general submit amicus briefs in CFPB Acting Director dispute

by Ballard Spahr LLP on

Past and present Democratic Representatives and Senators filed an amicus brief in support of the motion for a temporary restraining order filed by Leandra English to block Mick Mulvaney from exercising the authority of CFPB...more

TRO denied in CFPB Acting Director dispute; Mulvaney imposes regulatory freeze

by Ballard Spahr LLP on

Tuesday afternoon, Judge Timothy Kelly of the D.C. federal district court denied Leandra English’s motion for a temporary restraining order (TRO) to prevent President Trump from appointing or recognizing the appointment of a...more

Round 1 of CFPB Leadership Controversy Goes to Mulvaney — Why Does It Matter?

by Faegre Baker Daniels on

An unusual controversy over the leadership of the Consumer Financial Protection Bureau (CFPB) erupted last week, the resolution of which has important ramifications for consumer financial services regulation. A federal...more

Showdown Over CFPB Leadership Continues

In an interesting turn of events over Thanksgiving weekend, outgoing Consumer Financial Protection Bureau (CFPB) Director Richard Cordray promoted CFPB Chief of Staff Leandra English to the position of CFPB deputy director on...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

More trouble for Wells Fargo, this time involving its Forex operation, which an internal investigation revealed was plagued by routine overcharging of customers and other questionable practices by bankers engaged in a battle...more

US Consumer Financial Protection Bureau Director to Step Down

by Shearman & Sterling LLP on

US Consumer Financial Protection Bureau Director Richard Cordray sent a memo to his staff announcing that he plans to leave his position by the end of the month...more

Another argument for why Mick Mulvaney is the CFPB Acting Director

by Ballard Spahr LLP on

As we reported, the DOJ’s Office of Legal Counsel (OLC) has issued a memorandum to the President’s Counsel in which it opined that the President has the legal right to appoint Mick Mulvaney CFPB Acting Director under the...more

Trouble With A Capital C: Cordray’s Move To Name His Own Successor At The CFPB

by Hinshaw & Culbertson LLP on

In contrast to his big wins on Jeopardy! in the 1980s, Richard Cordray lost badly in 2017 after staking so much on the Consumer Finance Protection Bureau’s (“CFPB”) Final Rule, which would have prohibited the use of class...more

Federal court asked to decide who is CFPB Acting Director

by Ballard Spahr LLP on

Last Friday, November 24, effective at midnight, Richard Corday resigned as CFPB Director.  Earlier in the day, the CFPB issued a press release announcing that Mr. Cordray had named Leandra English, the CFPB’s Chief of Staff,...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Time Inc. announced yesterday that it’s sold itself as part of a roughly $3 billion all-cash transaction to Meredith Corporation. Meredith, which publishes Family Circle and Better Homes and Gardens, among other glossies, is...more

Judge Timothy Kelly, a Trump nominee, to hear lawsuit to determine CFPB Acting Director; TRO hearing scheduled for 4:30 today

by Ballard Spahr LLP on

The declaratory judgment action and motion for temporary restraining order filed by Leandra English in the D.C. federal district court for a declaration that she, and not Mick Mulvaney, is the CFPB Acting Director has been...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

DealBook’s Common Sense column takes a look at the AT&T/Time Warner deal and the “battle lines” forming for an “epic” antitrust battle, in spite of the vertical nature of the merger (the companies don’t compete in any...more

President Trump to appoint Mick Mulvaney CFPB Acting Director

by Ballard Spahr LLP on

According to media reports, President Trump is expected to name Mick Mulvaney, the current Director of the Office of Management and Budget, to serve as CFPB Acting Director upon Director Cordray’s resignation.  The...more

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