In seven short years, the Consumer Financial Protection Bureau (CFPB) has managed to court controversy across the political spectrum. Under the leadership of former Director Richard Cordray, the bureau (for better or worse) tested the limits of its jurisdiction and enforcement power in a wide range of areas, including the Home Mortgage Disclosure Act and Equal Credit Opportunity Act, student loan servicing, and let’s not forget the since-disavowed arbitration rule. Enter new Acting Director Mick Mulvaney, who, along with the rest of the Trump administration, is sending the clearest of signals that he does not intend to “push the envelope” at the CFPB. In short, the CFPB’s mission has turned inward—instead of policing the markets, it’s policing itself and the regulatory state, and with about the same degree of fervor.
Continue Reading D.C. Circuit to CFPB: “Go forth and conquer!” CFPB Responds: “No thanks.”
CFPB Held to Have an Unconstitutional Structure
By Crunched Credit on
We have previously written about some of the overreaches by the Consumer Financial Protection Bureau (CFPB). Last week, the D.C. Circuit Court of Appeals held in PHH Corporation v. CFPB that the structure of the CFPB is unconstitutional. Taking issue with the fact that the CFPB was headed by a single director removable by the…