The Constitutionality of the CFPB’s Single Director Structure And Enforcement Actions Under Trump Appointees Mulvaney and Kraninger

February 19, 2019

Please join Dykema attorneys Laura Baucus and Joseph Hickey for a presentation regarding challenges to the structure of the Consumer Financial Protection Bureau (CFPB), along with a discussion of CFPB activities under the stewardship of former Acting Director Mick Mulvaney and Director Kathy Kraninger (confirmed by the Senate in December 2018). This presentation will cover a spectrum of topics including:

  • The background of Congress’s decision to consolidate enforcement and audit authority for numerous previously independent federal agencies under the umbrella of the CFPB;
  • Challenges to the constitutionality of the CFPB’s single director structure;
  • An analysis of the RD Legal Funding decision from the Southern District of New York (currently on appeal to the Second Circuit) finding the CFPB unconstitutional in its entirety;
  • A discussion of the various opinions of the DC Circuit in PHH Corp, along with other subsequent court opinions addressing the constitutionality of the structure; and
  • An analysis of current enforcement activities since the interim appointment of Mulvaney and Director Kraninger compared to that of former Director Cordray.

Tuesday, February 19, 2019
1:00 p.m. –2:00 p.m. EST 

Speakers: Laura C. Baucus, Leader – Financial Services Litigation Practice Group, Bloomfield Hills; Joseph H. Hickey, Assistant Leader – Financial Services Litigation Practice Group, Bloomfield Hills

Click here to register

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