Court Blocks Request to Remove Mulvaney as Acting CFPB Head

January 10, 2018

Late Wednesday, January 10, 2018, a federal court denied CFPB Deputy Director Leandra English's request for a preliminary injunction to block President Trump's appointment of Office of Management and Budget Director Mick Mulvaney as Acting CFPB Director.


English, who was appointed Deputy Director just prior to former CFPB Director Richard Cordray's departure, has maintained the Dodd-Frank Act grants her the role of Acting Director. The Trump Administration, however, has maintained the Federal Vacancies Reform Act enabled the President to appoint an acting head.


Federal District Court Judge Timothy Kelly, who is handling the case, ruled that English is "not likely to succeed on the merits of her claim that Dodd-Frank's Deputy Director provision displaces the President's ability to name an acting Director of the CFPB pursuant to the FVRA," and that denying the injunction would not result in irreparable harm.


An appeal is expected from English.


For more information, please read this article published by American Banker