CFPB Attacked on TV and in Court – NMP Skip to main content

CFPB Attacked on TV and in Court

Nov 10, 2015

While it is not certain if housing or federal regulatory issues will be addressed tonight’s GOP presidential debate on Fox Business News, one group is seeking to raise awareness of a particular federal agency during the debate’s commercial breaks.

The Wall Street Journal reports that the American Action Network, a right-of-center advocacy group, is going to run an advertisement that compares the Consumer Financial Protection Bureau (CFPB) to a Soviet-style bureaucracy. The advertisement plays up the Marxist-Leninist angle with red banners featuring giant photos of CFPB Director Richard Cordray and Sen. Elizabeth Warren (D-MA), the driving force behind the Bureau’s creation.

“They call it CFPB, Washington’s latest regulatory agency, designed to interfere with your personal financial decisions—that car loan you needed, your mortgage, that personal loan,” the advertisement’s narrator intones. “With the Consumer Financial Protection Bureau, those who need help the most are denied.”

The advertisement is scheduled to run seven times during the debate and all week on cable stations serving Washington, D.C. The American Action Network paid $500,000 to produce and distribute the advertisement.

Separately, a Texas community bank is continuing its legal attack against the CFPB by filing a motion for summary judgment in the U.S. District Court for the District of Columbia. State National Bank in Big Spring, Texas, is pursuing litigation to have the CFPB declared unconstitutional. The bank also challenges the legality of Director Richard Cordray’s authority, questioning whether his January 2012 presidential recess appointment was constitutional because the Senate was technically operating in a pro forma session that prevents recess appointments from taking place; Cordray was confirmed by the Senate in July 2013.

“The constitutional issues raised by our clients in this case have far-reaching implications for CFPB-regulated financial institutions,” said Greg Jacob, partner at O’Melveny & Myers LLP, which represents the bank. “The CFPB’s unprecedented combination of vast executive powers to enforce and regulate, without any accountability to Congress or the President, cannot be reconciled with our Constitution’s requirement that government have checks and balances. Further, regulations Richard Cordray published under his signature prior to his July 2013 confirmation—despite his attempt to retroactively ratify them with a notice in the August 2013 Federal Register—are invalid and must be struck down.”

In July, the U.S. Court of Appeals for the District of Columbia Circuit issued an appellate opinion that the bank had the standing to pursue the case because it is regulated by the CFPB. State National Bank has been supported in its litigation by the Competitive Enterprise Institute and the 60 Plus Association, but no financial services trade group has offered any backing to this endeavor.

About the author
Published
Nov 10, 2015
CFPB Weighs Changes To TRID Timing And Mortgage Rescission Rules

The bureau is seeking feedback on whether federal disclosure requirements raise costs, delay closings or limit access to mortgage credit

CFPB Issues AI Underwriting Guidance On Adverse Action Notices

The agency says proprietary and machine-learning models do not relieve lenders of their fair lending and disclosure responsibilities

VantageScore Says 4.0 Model Could Unlock $1 Trillion In Mortgage Originations

New study says VantageScore 4.0 scores five million more creditworthy borrowers than FICO Score 10T, expanding lending opportunities as the industry prepares for the GSE credit score transition

MISMO Updates Mortgage Insurance Standards To Support FICO 10T, VantageScore 4.0

New implementation guide standardizes mortgage insurance data exchange, helping lenders, insurers and technology providers prepare systems for newer credit scoring models

Congress Weighs New Roadmap To End Fannie, Freddie Conservatorship

Rep. Scott Fitzgerald's three-bill housing package would establish a statutory framework for releasing the GSEs while expanding construction lending and easing some TRID compliance requirements

CHLA Backs Bank Capital Proposal, Questions Impact On Mortgage Lending

Trade group supports lower mortgage risk weights but says broader market forces — not capital rules — drove banks' retreat from the market