The D.C. circuit decision involving PHH Mortgage and Sec. 8 of the Real Estate Settlement Procedures Act should lead the CFPB to rethink its 2015 guidance on marketing services agreements, industry groups say. The CFPB under former director Richard Cordray issued guidance suggesting that many MSAs are designed to evade RESPA’s prohibition on the payment and acceptance of kickbacks and referral fees. “What the bureau did was to create an impression that it would ...
A House Republican asked the CFPB to stop so- called regulation by enforcement and to clarify the use and role of the guidance it has issued. Rep. Blaine Luetkemeyer, R-MO, recently sent a letter to six agencies, including the CFPB, expressing concerns that guidance that does not go through notice-and-comment rulemaking has been used as the basis of enforcement actions. “Many of my colleagues and I hear frequently from financial institutions that guidance promulgated ...
A federal judge in New York last week ruled that the structure of the CFPB is unconstitutional, creating a conflict with a D.C. circuit court ruling. The decision by Judge Loretta Preska of the U.S. District Court for the Southern District of New York also said the CFPB cannot bring claims under the Consumer Financial Protection Act or pursue enforcement actions against the defendants in the case, RD Legal Funding and related entities. An en banc decision in January ...
President Trump last week nominated Kathy Kraninger, a little-known White House budget official, to head the CFPB. The nomination has set the stage for a contentious Senate confirmation process. Most observers were surprised by Trump’s CFPB pick as Kraninger’s name has never come up in public discussion of possible nominees to become the next director of the bureau. The first question for many was: Who is Kathy Kraninger? The nominee currently serves as ...
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