A hearing is scheduled for today before a federal judge in Washington, D.C., to determine whether a preliminary injection should be granted that would declare Leandra English as the rightful acting director of the Consumer Financial Protection Bureau instead of Mick Mulvaney, who was appointed by President Trump.
English, who was promoted to deputy director of the CFPB by former director Richard Cordray in the hours before he resigned on Nov. 24, believes the Dodd-Frank Wall Street Reform and Consumer Protection Act makes her the rightful acting director. President Trump used the powers afforded to him in the Federal Vacancies Reform Act to appoint Mulvaney, who is also the director of the White House Office of Management & Budget, acting director of the agency.
English filed a lawsuit against President Trump and Mulvaney on Nov. 26. A request for a temporary restraining order against Mulvaney’s appointment was denied. That decision has led legal experts to predict that Judge Timothy Kelly will continue to rule against English in her quest to unseat Mulvaney. If Kelly grants English’s request, it is expected that all the decisions made by Mulvaney during his three weeks on the job would be undone. That includes the cancellation of a survey of consumers on debt collection disclosures.
The CFPB’s general counsel and Republicans are on the side of Mulvaney. The architects of the Dodd-Frank law and Democrats are on the side of English.
A similar lawsuit against President Trump and Mulvaney has been filed by a New York City credit union. That case is ongoing.
