December 8, 2016

PAYBACK’S A… YOU KNOW: The Most Potent Federal Regulatory Agency Will Answer Solely to Donald Trump.

The [Consumer Financial Protection Bureau] was unaccountable to Congress and the president—but not the courts.

A federal appeals court ruling in October changed the fundamental structure of the CFPB and will allow future presidents to have direct control over the agency that has direct control over wide swaths of the country’s banking and financial sectors. Regulatory agencies headed by a single executive must be directly accountable to the president, the court observed, while independent agencies authorized by Congress—like the SEC and the FCC—must have a multi-member commission at the helm.

Practically, that means that Trump might be able to replace the director of the CFPB, Richard Cordray, before his term officially ends in 2018.

More importantly, it means Trump will be able to use the CFPB’s powers for his own ends, if he wants, because the person who gets to determine whether a banking practice is unfair, deceptive, or abusive will now serve at the whims of the president.

In other words, nothing changes on January 20.

Obligatory:

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