Lower East Side People’s Federal Credit Union v. Trump

After Consumer Financial Protection Bureau (CFPB) Director Richard Cordray stepped down in November, a dispute arose over who would be the acting director, until the Senate confirms a new director: CFPB Deputy Director Leandra English, who claims in a separate lawsuit that she should be acting director based on the language of the CFPB’s authorizing statute, or Office of Management and Budget Director Mick Mulvaney, who President Trump named acting director. Lower East Side People’s Federal Credit Union, an institution regulated by the CFPB, filed suit and moved for a preliminary injunction allowing Deputy Director English to serve as acting director of the CFPB while the litigation proceeds. Public Citizen filed an amicus brief on behalf of itself and nine other consumer advocacy groups in support of the credit union’s motion for a preliminary injunction. The amicus brief explains that the public has a strong interest in English serving as the acting director while the court further considers the legal issues, because under English’s leadership, the CFPB will continue pursuing its statutory mission to protect consumers as an independent agency. The district court dismissed the case after concluding that the plaintiff lacked standing.

Joining Public Citizen as amici on the brief were Americans for Financial Reform, Center for Responsible Lending, Consumer Action, National Association of Consumer Advocates, National Consumer Law Center, National Consumers League, National Fair Housing Alliance, Tzedek DC, Inc., and U.S. Public Interest Research Group Education Fund.