Tag Archives: CFPB

The Constitutionality of the CFPB Again Before the Courts

by Jennifer Mascott — Monday, June 25, 2018@jennmascott

Amidst the flurry of administrative–law–related opinions that the Supreme Court handed down at the end of last week, an intriguing separation-of-powers-related opinion from the Southern District of New York (SDNY) received comparatively little immediate attention. Last Thursday, Judge Loretta Preska ruled that the Consumer Finance Protection Bureau (CFPB) cannot bring an enforcement action in district […]

Fair Notice and the CFPB:  The Other Constitutional Ruling in PHH v. CFPB, by Joseph Palmore & Bryan Leitch

by Guest Blogger — Monday, Feb. 12, 2018

This month’s en banc D.C. Circuit decision in PHH Corp. v. CFPB has understandably received widespread attention for upholding the constitutionality of the CFPB’s structure in the face of a separation-of-powers challenge.  But somewhat hidden within the hundreds of pages of separate opinions in PHH was another constitutional ruling—one on which the CFPB lost and […]

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Forgetting Appointments—Can the CFPB director appoint the deputy director in the first place?, by Kent Barnett

by Guest Blogger — Monday, Nov. 27, 2017

Who’s the legal acting director of the Consumer Financial Protection Bureau? Is it Leandra English, whom former director Richard Cordray appointed under his statutory authority as deputy director? Or is Mick Mulvaney, whom President Trump has appointed under the Federal Vacancies Reform Act (FVRA)? It’s a difficult legal question that only administrative-law scholars could love. […]

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More Thoughts on the CFPB Puzzle: President Trump Can Select Someone to Run the CFPB Only if the Senate Has an Opportunity to Confirm, by Nina A. Mendelson

by Guest Blogger — Monday, Nov. 27, 2017

On Friday, November 24, Consumer Financial Protection Bureau Director Richard Cordray named Leandra English, the longtime CFPB Chief of Staff, to the post of Deputy Director. Based on legislation specific to the CFPB, that put her in a position to serve as Acting Director upon his departure. Cordray then resigned. A few hours after Cordray […]

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Dodd-Frank Prohibits Purely Policy-Based Dismissals of the CFPB Director, by Peter M. Shane

by Guest Blogger — Monday, Jan. 16, 2017

In PHH v. CFPB, the D.C. Circuit last October held unconstitutional Congress’s decision via the Dodd-Frank Wall Street Reform and Consumer Protection Act to limit the grounds upon which a president could dismiss the director of the Consumer Finance Protection Bureau. Whether or not that ruling survives, Professors Aditya Bamzai and John F. Duffy have […]

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Is Barney Frank Right about the President’s Power to Remove the CFPB Director?, by Aditya Bamzai & John F. Duffy

by Guest Blogger — Tuesday, Jan. 10, 2017

As one part of a statute officially entitled the “Dodd-Frank Wall Street Reform and Consumer Protection Act,” Congress in 2009 established the Consumer Financial Protection Bureau (CFPB) as “an Executive agency” headed by a Director removable from office by the President “for inefficiency, neglect of duty, or malfeasance in office.” Rumor now has it that […]

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Why the CFPB Director Shouldn’t Be Going Anywhere, by Brianne Gorod

by Guest Blogger — Thursday, Dec. 15, 2016

There’s been a lot of talk in Washington lately about the people President-elect Trump has chosen to fill various executive branch positions, but there’s one position we shouldn’t be hearing talk about him filling: Director of the Consumer Financial Protection Bureau (CFPB). When Congress created the CFPB, it deliberately chose to insulate the CFPB Director […]

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The President’s Removal Power and the PHH Litigation, by Aditya Bamzai

by Guest Blogger — Tuesday, Nov. 22, 2016

Last Friday, the Consumer Financial Protection Bureau filed a petition for en banc review in PHH Corp. v. CFPB. The petition challenges Judge Kavanaugh’s opinion for two judges of a panel of the D.C. Circuit, which declared unconstitutional the statute limiting the President’s authority to remove the CFPB’s Director, Richard Cordray. In doing so, the […]

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D.C. Circuit Review – Reviewed: A Primer on Today’s CFPB Decision

by Aaron Nielson — Tuesday, Oct. 11, 2016@Aaron_L_Nielson

The D.C. Circuit issued an important decision today: it held that the removal protections for the Director of the Consumer Financial Protection Bureau violate Article II of the Constitution. As a remedy, the D.C. Circuit essentially excised the Director’s “for cause” removal protection from the U.S. Code. This means that if the President is unhappy […]

Does Procedural Review of Agency Guidance Make Sense? A Recent Example from the CFPB

by Connor N. Raso — Friday, July 31, 2015

The House Financial Services Committee overwhelmingly passed a bill declaring that the Consumer Financial Protection Bureau’s (“CFPB”) much-debated guidance document (“Bulletin”) on indirect auto lending to “have no force or effect.” At first glance, this bill would do nothing legally. Under administrative law doctrine, guidance documents like the Bulletin lack legal effect by definition. The […]