Acting Director

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The end of the 210-day period during which Mick Mulvaney can serve as CFPB Acting Director under the Federal Vacancies Reform Act (FVRA) in the absence of President Trump’s nomination of a permanent Director is drawing dangerously closer.  Former Director Cordray’s resignation became effective at midnight on November 24, 2017, thereby making November 25 the first day on which the position of CFPB Director was vacant. … Continue Reading

Three amicus briefs have been filed in support of President Trump and Mick Mulvaney, who are opposing the motion for a preliminary injunction filed by Leandra English in her action in D.C. federal district court seeking a declaration that she, rather than Mr. Mulvaney, has the legal right to serve as CFPB Acting Director.… Continue Reading

As we’ve reported, Lower East Side People’s Federal Credit Union (“People’s”), filed suit in the Southern District of New York to block Mick Mulvaney’s appointment as CFPB Acting Director.  On December 12, People’s filed a motion for a preliminary injunction.

People’s Argument

In general, People’s arguments track those made by Leandra English, Richard Cordray’s choice for Acting Director, in her case before the D.C.… Continue Reading

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 serve as CFPB Acting Director.  The motion was accompanied by a supporting memorandum.  Ms.… Continue Reading

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.  We also blogged about the CFPB’s withdrawal of its opposition to a motion filed by the defendants in an enforcement action to stay execution of a $7.9 million judgment obtained by the CFPB without posting a bond.… Continue Reading

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 unconstitutional and in violation of the Consumer Financial Protection Act (CFPA).  The complaint also seeks a declaration that Leandra English has the legal right to serve as Acting Director.… Continue Reading

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 Acting Director.  The court granted the lawmakers’ motion for leave to file the brief before its denial of Ms.… Continue Reading

Yesterday 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 CFPB Acting Director through any mechanism other than as provided in the Consumer Financial Protection Act  (CFPA).

By denying the TRO, Judge Kelly refused to block Mick Mulvaney, President Trump’s appointee as CFPB Acting Director, from exercising the authority of the Acting Director. … Continue Reading

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 assigned to Judge Timothy Kelly.  A hearing on the TRO motion has been scheduled for 4:30 p.m.… Continue Reading