Mick Mulvaney Is the Acting Director of the CFPB for Now

Total Page：16

File Type：pdf, Size：1020Kb

Mick Mulvaney is the Acting Director of the CFPB For Now On Friday, November 24, 2017, the former Director of the Consumer Financial Protection Bureau (CFPB), Richard Cordray, appointed his chief of staff, Leandra English, as the Deputy Director of the agency. Cordray thereafter resigned from his post. That same day, President Trump appointed the Director of the Office of Management and Budget, Mick Mulvaney, to the position of Director of the CFPB. On Sunday, November 26, 2017, English filed a lawsuit seeking an emergency temporary restraining order (TRO). English asked the court to rule that once Cordray resigned, she, as the deputy director, became the acting director pursuant to the Dodd-Frank Reform Act’s rules on succession. According to her complaint, the deputy director serves as the acting director in the absence or unavailability of the director, until such time as the president appoints and the senate confirms a new director. English asked the court to prevent the president from appointing an acting director other than as provided for by the Reform Act. Several current and former Congressional Democrats submitted an amicus brief in favor of English. The president’s response argued that the Vacancies Reform Act (VRA) gave him the authority to appoint Mulvaney. President Trump’s response pointed to a case in which the Ninth Circuit recently applied the VRA to an independent agency with its own default succession statute, the National Labor Relations Board, in Hooks v. Kitsap Tenant Support Servs., Inc., 816 F.3d 550 (9th Cir. 2016). The Department of Justice and the CFPB’s own general counsel also agreed that President Trump had lawfully designated Mulvaney as the acting director of the CFPB. On Tuesday, November 28, 2017, the court denied English’s TRO Motion. English v. Trump, Case No. 1:17:cv-02534-TJK (D.C. filed November 27, 2017). The judge stated, in part, that "[o]n its face, the Vacancies Reform Act does appear to apply to this situation.” English’s attorney, Deepak Gupta, told reporters she plans to appeal. 11/29/2017 Copyright © 2017 Aldrich & Bonnefin, PLC All Rights Reserved .

Copy Link

Recommended publications

Where Data Privacy and CFPB Are Headed Under Biden
Portfolio Media. Inc. | 111 West 19th Street, 5th Floor | New York, NY 10011 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | [email protected] Where Data Privacy And CFPB Are Headed Under Biden By Alexander Southwell, Ryan Bergsieker and Sarah Erickson (November 24, 2020, 1:03 PM EST) President-elect Joe Biden has signaled that robust consumer protections will be a major focus of his policy agenda in what is anticipated to be a dramatic shift from the deregulatory policies of the Trump administration. In this article, we preview the incoming administration's anticipated consumer protection agenda in two areas: data privacy and consumer financial protection. We also consider what, if any, impact this policy shift is likely to have on state-level enforcement. Assuming that Republicans retain control of the Senate, and with a divided Alexander Southwell Congress consumed at least in the short term with negotiations over COVID-19 relief, we expect to see an initial focus of the Biden administration on pursuing its policy agenda through increased enforcement and regulatory activity. That said, both the Biden administration and key members of Congress are focused on identifying common ground for potential bipartisan legislation.[1] Data privacy is one area that is likely to see bipartisan legislative efforts. Policymakers on both sides of the aisle have recognized the need for federal privacy legislation, and though the parties continue to disagree over key details, they may face heightened pressure to act in light of California's recent passage of the Ryan Bergsieker California Privacy Rights Act, which imposes additional privacy obligations on businesses scrambling to comply with the California Consumer Privacy Act that went into effect earlier this year.
[Show full text]
1:17−Cv−02534−TJK
Case 1:17-cv-02534-TJK Document 49 Filed 01/12/18 Page 1 of 120 APPEAL,TYPE−D U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:17−cv−02534−TJK ENGLISH v. TRUMP et al Date Filed: 11/26/2017 Assigned to: Judge Timothy J. Kelly Jury Demand: None Cause: 28:2201 Declaratory Judgment Nature of Suit: 890 Other Statutory Actions Jurisdiction: U.S. Government Defendant Plaintiff LEANDRA ENGLISH represented by Deepak Gupta Deputy Director and Acting Director, GUPTA WESSLER PLLC Consumer Financial Protection Bureau 1900 L Sreet, NW Suite 312 Washington, DC 20036 (202) 888−1741 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel Townsend GUPTA WESSLER PLLC 1900 L Street NW Suite 312 Washington, DC 20036 202−888−1741 Fax: 202−888−7792 PRO HAC VICE ATTORNEY TO BE NOTICED Joshua Matz GUPTA WESSLER PLLC 1900 L Sreet, NW Suite 312 Washington, DC 20036 202−888−1741 Fax: 202−888−7792 PRO HAC VICE ATTORNEY TO BE NOTICED Rachel S. Bloomekatz GUPTA WESSLER PLLC 1148 Neil Avenue Columbus, OH 43201 202−888−1741 Fax: 202−888−7792 PRO HAC VICE ATTORNEY TO BE NOTICED 1 Case 1:17-cv-02534-TJK Document 49 Filed 01/12/18 Page 2 of 120 V. Defendant DONALD JOHN TRUMP represented by Brett A. Shumate in his official capacity as President of the U.S. Department of Justice United States of America Civil − Federal Programs Branch 950 Pennsylvania Ave. Washington, DC 20530 202−514−2331 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew Joseph Berns U.S.
[Show full text]
UPDATE: Who's the Boss at the CFPB?
Legal Sidebari UPDATE: Who’s the Boss at the CFPB? Valerie C. Brannon Legislative Attorney Jared P. Cole Legislative Attorney January 11, 2018 Update: On January 10, 2018, the U.S. District Court for the District of Columbia denied Leandra English’s request for a preliminary injunction, ruling that the Federal Vacancies Reform Act (Vacancies Act) authorized the President to appoint Mick Mulvaney to serve as the Acting Director of the CFPB. Since the Sidebar below was originally published, English filed an amended complaint and moved for a preliminary injunction on substantially similar grounds to those described below. In rejecting her motion, the district court held that because the provision of the Dodd-Frank Act that authorizes the Deputy Director to serve as the Acting Director when the Director is absent or unavailable did not expressly displace the Vacancies Act, the Vacancies Act remained available and authorized the President to fill the position. English had also argued that even if the Vacancies Act generally would allow the President to appoint an Acting Director, because Mulvaney is also the head of the Office of Management and Budget, an agency housed directly under the White House, he may not head an independent agency like the CFPB. But the judge rejected this argument, noting that no such restriction could be found in the text of the Dodd-Frank Act. The district court ultimately denied the request for a preliminary injunction because English had failed to show either a likelihood of success on the merits or that she would suffer irreparable injury absent relief.
[Show full text]
Peter Conti-Brown in Support of Plaintiff’S Motion for Preliminary Injunction
Case 1:17-cv-02534-TJK Document 30-1 Filed 12/08/17 Page 1 of 24 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA LEANDRA ENGLISH, Plaintiff, v. DONALD J. TRUMP and Civil Action No. 1:17-cv-02534 JOHN M. MULVANEY, Defendants. AMICUS BRIEF OF PETER CONTI-BROWN IN SUPPORT OF PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION Case 1:17-cv-02534-TJK Document 30-1 Filed 12/08/17 Page 2 of 24 TABLE OF CONTENTS Statement of Amicus ........................................................................................................................... 1 Summary of Argument ....................................................................................................................... 1 Argument .............................................................................................................................................. 2 I. Congress created the Bureau to be insulated from the President. ....................... 4 II. Independence as a legal category is about the extent of the President’s control over personnel. .............................................................................................. 8 III. Independence is guaranteed by law, but implemented by norm and tradition. President Trump’s appointment of Mr. Mulvaney risks a substantial assault on the norms of independence for other entities like the U.S. Federal Reserve System and the Federal Deposit Insurance Corporation. .............................................................................................................. 11 IV. There
[Show full text]
Positions and Predictions Concerning the Competing Claims to the Interim Director Position at the CFPB
502 REVIEW OF BANKING & FINANCIAL LAW VOL. 37 I. Interims and Uncertainty: Positions and Predictions Concerning the Competing Claims to the Interim Director Position at the CFPB A. Introduction When Richard Cordray resigned as the Director of the Consu- mer Financial Protection Bureau (CFPB) on November 24, 2017, he named Leandra English as his Deputy Director. He believed this move would secure her position as the interim Director of the Agency in accordance with specific succession guidelines dictated in the Dodd- Frank Wall Street Reform Act (Dodd-Frank or the Act).1 Hours later, President Trump issued a memoranda directing John (Mick) Mulvaney to serve as interim Director, and the legitimacy of both the President’s and Cordray’s orders have been fiercely debated ever since.2 With Mulvaney making decisions that could permanently alter the structure and function of the CFPB,3 what will happen next in this game of regulatory musical chairs remains unclear. Section B of this article provides background on the conflict surrounding the interim Director position at the CFPB. Next, Section C highlights what is at stake for CFPB proponents by detailing Mulva- ney’s actions to date in the interim Director position. Section D summarizes English’s and Mulvaney’s strongest arguments in favor of their claims to the position. Section E details the analysis of these arguments in the U.S. District Court for the District of Columbia, high- lighting the issues most likely to be evaluated moving forward. Finally, this article concludes by suggesting alternatives for overcoming this conflict in the interest of maintaining a strong and cohesive CFPB.
[Show full text]
Removal for Cause: Seila Law and the Future of the CFPB and FHFA
NORTH CAROLINA BANKING INSTITUTE Volume 25 Issue 1 Article 13 3-1-2021 Removal for Cause: Seila Law and the Future of the CFPB and FHFA Jackson S. Freeman Follow this and additional works at: https://scholarship.law.unc.edu/ncbi Part of the Law Commons Recommended Citation Jackson S. Freeman, Removal for Cause: Seila Law and the Future of the CFPB and FHFA, 25 N.C. BANKING INST. 367 (2020). Available at: https://scholarship.law.unc.edu/ncbi/vol25/iss1/13 This Note is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Banking Institute by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. Removal for Cause: Seila Law and the Future of the CFPB and FHFA I. INTRODUCTION On June 29, 2020, the Supreme Court severed the provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”)1 granting the Director of the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) for-cause removal protection.2 The decision, Seila Law LLC v. CFPB3—billed as the “Constitutional Case of the Year” by the Wall Street Journal4—largely settles the debate over the constitutionality of restrictions on the President’s ability to remove single officers that head executive agencies in favor of at-will removal power.5 However, other questions remain. Seila Law has significant implications for other financial regulatory agencies that merit serious consideration.6 In a case pending in its upcoming Term, the Court will likely uphold a lower court’s decision that Director of the Federal Housing Finance Authority (“FHFA”) is similarly removable at will.7 Seila Law has also given the President greater control over not only the CFPB, but also U.S.
[Show full text]
In the United States Court of Appeals for the District of Columbia Circuit ______
USCA Case #18-5007 Document #1715599 Filed: 01/30/2018 Page 1 of 74 ORAL ARGUMENT NOT YET SCHEDULED No. 18-5007 In the United States Court of Appeals for the District of Columbia Circuit ____________________________ LEANDRA ENGLISH, Plaintiff-Appellant, v. DONALD J. TRUMP and JOHN M. MULVANEY, Defendants-Appellees. _____________________________ ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA CASE NO. 1:17-CV-2534-TJK (THE HON. TIMOTHY J. KELLY) ____________________________ PLAINTIFF-APPELLANT’S BRIEF ____________________________ DEEPAK GUPTA JONATHAN E. TAYLOR JOSHUA MATZ DANIEL TOWNSEND GUPTA WESSLER PLLC 1900 L Street, NW, Suite 312 Washington, DC 20036 (202) 888-1741 (202) 888-7792 (fax) [email protected] January 30, 2018 Counsel for Plaintiff-Appellant USCA Case #18-5007 Document #1715599 Filed: 01/30/2018 Page 2 of 74 COMBINED CERTIFICATES Certiﬁcate as to Parties, Rulings, and Related Cases As required by Circuit Rules 27(a)(4) and 28(a)(1), undersigned counsel for Appellant Leandra English hereby provides the following information: I. Parties and Amici Appearing Below The parties and amici who appeared before the U.S. District Court were: 1. Leandra English, Plaintiff-Appellant. 2. Donald J. Trump and John M. Mulvaney, Defendants-Appellees. 3. Public Citizen, Inc., Americans for Financial Reform, Center for Responsible Lending, Consumer Action, National Association of Consumer Advocates, National Consumer Law Center, National Consumers League, National Fair Housing Alliance, Tzedek DC, Inc., and United States Public Interest Research Group Education Fund, Inc., Amici Curiae. 4. Consumer Finance Regulation Scholars, Amici Curiae.1 5. Credit Union National Association, Amicus Curiae.
[Show full text]
Consumer Financial Protection Bureau
Coordinates: 38.898091°N 77.040591°W Consumer Financial Protection Bureau The Consumer Financial Protection Bureau (CFPB) is an agency of the United States government responsible for consumer Consumer Financial protection in the financial sector. CFPB's jurisdiction includes Protection Bureau banks, credit unions, securities firms, payday lenders, mortgage- servicing operations, foreclosure relief services, debt collectors, and other financial companies operating in the United States. Since its founding, the CFPB has "engaged the 21st century" by using technology tools to monitor how financial entities used social media and algorithms to target consumers.[3]:531–532,537 In advancing its core consumer finance mission through enforcement and rulemaking, the CFPB has engaged with the data economy in a number of ways.[3]:531–32 The CFPB's creation was authorized by the Dodd–Frank Wall Street Reform and Consumer Protection Act, whose passage in 2010 was a legislative response to the financial crisis of 2007–08 and the subsequent Great Recession.[4] The CFPB's status as an independent agency has been subject to many challenges in court.[5] In June Agency overview 2020, the United States Supreme Court found the single-director Formed July 21, 2011 structure removable only with-cause unconstitutional, but allowed Jurisdiction United States the agency to remain in operation. Headquarters Washington, D.C., U.S. 38.898091°N Contents 77.040591°W Role Employees 1,540 (2019)[1] $10 billion assets benchmark Annual US$533 million (FY History budget 2019)
[Show full text]
Lower East Side People's Federal Credit Union V. Trump and Mulvaney
Case 1:17-cv-09536 Document 1 Filed 12/05/17 Page 1 of 15 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LOWER EAST SIDE PEOPLE’S FEDERAL CREDIT UNION, on behalf of itself and its members, Plaintiff, Case No. 17 Civ. 9536 v. DONALD JOHN TRUMP, in his official COMPLAINT capacity as President of the United States of America; JOHN MICHAEL MULVANEY, in his capacity as the person claiming to be acting director of the Consumer Financial Protection Bureau, Defendants. Plaintiff Lower East Side People’s Federal Credit Union, on behalf of itself and its members and by and through its attorneys Emery Celli Brinckerhoff & Abady LLP, for its Complaint alleges as follows: PRELIMINARY STATEMENT 1. The Lower East Side People’s Federal Credit Union in New York City is regulated by the United States Consumer Financial Protection Bureau (CFPB). President Trump has attempted an illegal hostile takeover of the CFPB, throwing the Credit Union and other credit unions and banks into a state of regulatory chaos. Even worse, defendant Trump has purported to appoint an Acting Director whose mission is to destroy a Bureau that protects thousands of the Credit Union’s members. 2. The Credit Union does not know who is validly in charge of the CFPB, who is authorized to make the rules, or whose rules to follow. The Court must resolve this regulatory Case 1:17-cv-09536 Document 1 Filed 12/05/17 Page 2 of 15 chaos. It must determine who is in charge of the Bureau. To the Credit Union, it is plain that Leandra English is the only lawful Acting Director in charge of the CFPB.
[Show full text]
The Risk of an Anti-Consumer CFPB Christopher L
SJ Quinney College of Law, University of Utah Utah Law Digital Commons Utah Law Faculty Scholarship Utah Law Scholarship 12-21-2017 The Risk of an Anti-Consumer CFPB Christopher L. Peterson S.J. Quinney College of Law, University of Utah, [email protected] Follow this and additional works at: https://dc.law.utah.edu/scholarship Part of the Consumer Protection Law Commons Recommended Citation Peterson, C., (2017), The Risk of an Anti-Consumer CFPB, Democracy: A Journal of Ideas (https://democracyjournal.org/ arguments/the-risk-of-an-anti-consumer-cfpb/) This Editorial is brought to you for free and open access by the Utah Law Scholarship at Utah Law Digital Commons. It has been accepted for inclusion in Utah Law Faculty Scholarship by an authorized administrator of Utah Law Digital Commons. For more information, please contact [email protected]. The Risk of an Anti-Consumer CFPB One of the great ironies behind the longstanding fight over the CFPB is how uncontroversial the laws the agency has focused on are. Published in Democracy: A Journal of Ideas December 21, 2007 By Christopher L. Peterson In recent weeks, a leadership crisis at the Consumer Financial Protection Bureau made headlines around the country. This latest battle in the long-running political war over the consumer Bureau arose when its longtime director Richard Cordray announced that he would be stepping down. (Cordray has since announced his candidacy for Governor of Ohio.) Before leaving office, Cordray put a sensible transition plan in place that included appointing his chief of staff, Leandra English, to be the Bureau’s deputy director.
[Show full text]
Consumer Finance Monitor (Season 3, Episode 50): an Introduction to Real-Time Payments Speakers: Alan Kaplinsky, Kate Berry
Consumer Finance Monitor (Season 3, Episode 50): An Introduction to Real-Time Payments Speakers: Alan Kaplinsky, Kate Berry Alan Kaplinsky: Welcome to the Consumer Finance Monitor Podcast, where we explore important new developments in the world of consumer financial services and what they mean for your business, your customers, and the industry. I'm your host, Alan Kaplinsky, and I share the Consumer Financial Services group at Ballard Spahr. For those of you who want even more information about, I'm sure, some of the topics we'll be talking about today, I would refer you to our blog. Which also goes under the name of Consumer Finance Monitor. We've been doing our blog since 2011, actually when the CFPB first started operating. And every day, literally, new articles are being posted on our blog. And our podcast, we've now been doing for a little over two years, and you can get it anywhere... On our website, ballardspahr.com, or wherever you regularly get your podcasts. It is there. So, I'm really pleased today to have as our guest, Kate Berry. Kate, I've known for a long time. She is a reporter with the American Banker, and she has covered the 2007, 2008 financial crisis, mortgage lenders, major US banks including Wells Fargo. Her current beat, and I think it's been her beat for a while, and she'll correct me if I'm wrong in a minute, is covering everything that goes on at the Consumer Financial Protection Bureau, or as we affectionately call it, the CFPB.
[Show full text]
Czwartacki, John S. EOP/OMB" <John.S
From: Czwartacki, John S. EOP/OMB <[email protected]> To: Czwartacki, John (Detailee)(CFPB) </o-cfpbexc/ou-exchange administrative group (fydibohf23spdlt)/cn=recipients/cn=czwartacki, john201> Cc: Bcc: Subject: Fwd: [EXTERNAL] Reuters: Exclusive U.S. consumer protection official puts Equifax probe on ice sources Date: Mon Feb 05 2018 07:54:40 EST Attachments: Sent from my Phone Begin forwarded message: From: "Shah. Raj S. EOP/WHO' (b)(6) Date: February 5,2018 at 6:29:57 AM EST To: "Czwartacki, John S. EOP/OMB" <[email protected]<mailto:John.S. [email protected]>> Cc: "Kennedy, Adam R. EOP/WHO' (b)(6) (b)(6) Subject: Fwd: [EXTERNAL] Reuters: Exclusive: U.S. consumer protection official puts Equifax probe on ice - sources A version of this referred to CFPB is ok? The GEPB has the tools to examine a data breach like Equifax, said John Czwartacki, a spokesman, but the agency is not permitted to acknowledge an open investigation. "The bureau has the desire, expertise, and know-how in-house to vigorously pursue hypothetical matters such as these," he said. Sent from my Phone Begin forwarded message: From: Comms Alert <[email protected]<mailto:[email protected]» Date: February 5,2018 at 6:22:27 AM EST To: undisclosed-recipients:; Subject: [EXTERNAL] Reuters: Exclusive: U.S consumer protection official puts Equifax probe on ice - sources Exclusive: U.S. consumer protection official puts Equifax probe on ice - sources Reuters Patrick Rucker February 5.2018 - 1:14 AM >https://www.reuters.com/article/us-usa-equifax-cfpb/exclusive-u-s-consumer-protection-official-puts- equifax-probe-on-ice-sources-idUSKBN1FPOIZ< WASHINGTON (Reuters) - Mick Mulvaney, head of the Consumer Financial Protection Bureau, has pulled back from a full-scale probe of how Equifax Inc failed to protect the personal data of millions of consumers, according to people familiar with the matter.
[Show full text]