United States consumer watchdog official takes leadership fight to appeals court

United States consumer watchdog official takes leadership fight to appeals court

The Consumer Financial Protection Bureau (CFPB) today announced that Leandra English has been officially named deputy director of the agency. In that first ruling last month, Kelly, a Trump appointee who took the bench previous year, expressed skepticism about whether English would prevail in her case.

English sued both Trump and Mulvaney alleging that statutory language in the Dodd-Frank Act takes precedence and states that the CFPB director can name a successor. The Court rejected the claims of Leandra English, appointed by Richard Cordray just as he was leaving CFPB, that she should remain as Acting Director pending nomination and confirmation of a replacement Director. English served as the principal deputy chief of staff at the Office of Personnel Management, chief of staff and senior advisor to the deputy director for management at the Office of Management and Budget, and as a member of the CFPB implementation team at the Department of the Treasury. Ms. But he had previously indicated English would appeal, saying that "I think everyone understands this court is not the final stop, this judge does not have the final word on what happens in this controversy".

This is the second time Kelly ruled has against English, who sought an emergency restraining order against Mulvaney to keep him from taking over the agency.

But Kaplilnsky said the latest court ruling reduces the pressure on President Trump to replace Mulvaney, who has moved quickly to put his stamp on the bureau, which writes rules and enforces consumer protections against banks and other financial institutions. English then filed the motion for a preliminary injunction to block Mulvaney's appointment, and Kelly heard arguments on December 22. He did not say if or when they would appeal.


"Mulvaney's appointment undermines the bureau's independence and threatens its mission to protect American consumers", said Deepak Gupta, a lawyer with the firm Gupta Wessler.

Trump was backed by the Justice Department's Office of Legal Counsel and the CFPB's general counsel, who both issued memos on November 25 concluding that the president had authority to fill the acting director job under the vacancies reform act.

"Because the court has determined that English is not likely to succeed on the merits, the balance of the equities would necessarily weigh against granting her an injunction", Kelly said in his opinion.

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