Attorney General Racine and Counterparts from 16 States Seek to Defend Consumer Financial Protection Bureau in Court

Trump Inauguration Necessitates Intervention by State Attorneys General, Motion Says

WASHINGTON, D. C. – Attorney General Karl A. Racine has joined 16 other state attorneys general in filing a motion to intervene in a federal appeals case in order to defend the constitutionality of the federal Consumer Financial Protection Bureau (CFPB).

The case (PHH Corporation, et al. v. Consumer Financial Protection Bureau) is currently before the United States Court of Appeals for the District of Columbia Circuit. In an October 2016 ruling, a divided court found the structure of the CFPB unconstitutional. The CFPB filed a petition for rehearing of the decision, and that petition is currently pending before the court. Previously, the Obama administration had vigorously defended the CFPB in the appeal.

In the motion to intervene in the litigation, the attorneys general argue that they have a vital interest in defending an independent and effective CFPB. They have used their authority to bring civil actions in coordination with the CFPB to protect consumers against unfair, deceptive and abusive financial practices. They argue that the court’s ruling, if permitted to stand, would undermine the power of state attorneys general to effectively protect consumers against abuse in the consumer finance industry, and significantly lessen the ability of the CFPB to withstand political pressure and act effectively and independently of the President.

They further argue that, as a result of the presidential election, it is urgent that attorneys general intervene in this case because President Donald Trump has expressed strong opposition to the Dodd-Frank reforms that created the CFPB. According to media accounts, President Trump’s administration is likely to fire the current director of the CFPB and take other steps that could directly and negatively impact how – and if – this case proceeds. Those steps could include abandoning the legal defense of the agency.

“The CFPB has been crucial in helping our office and others protect everyday consumers from abuses by banks, lenders, debt collectors, and other entities that provide financial services to consumers,” said Attorney General Racine. “Congress specifically created the CFPB to have real power and real independence, which are vital for it to do its job properly. Because the Trump Administration has indicated it intends to reduce the CFPB’s authority and independence, we are asking the Court for the opportunity to intervene on behalf of consumers.”

Congress created the CFPB in 2010. The agency’s purpose is to provide a single point of accountability for enforcing federal consumer financial laws and protecting consumers in the financial marketplace. During its 2016 fiscal year, the CFPB’s supervisory actions resulted in financial institutions providing more than $58 million in redress and restitution to more than 516,000 consumers, according to its report to Congress. The agency receives thousands of consumer complaints every week from consumers across the country.

Joining Attorney General Racine on the motion are attorneys general from Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Mississippi, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, and Washington state.

A copy of the motion to intervene is attached.