December 12, 2017

Brown Leads Amicus Brief Supporting CFPB Independence Under Dodd-Frank Law


WASHINGTON, D.C. – U.S. Sen. Sherrod Brown (D-OH), ranking member of the Senate Banking, Housing, and Urban Affairs Committee, along with 36 current and former Members of Congress including Sen. Chris Dodd and Rep. Barney Frank, filed an amicus brief in support of the Consumer Financial Protection Bureau (CFPB) Deputy Director Leandra English’s motion to obtain a preliminary injunction in order to be reinstated as acting Director of the CFPB.

“The Dodd-Frank law is clear that Deputy Director English is the legal Acting Director, and she must be allowed to continue the agency’s work standing up for working families against financial abuse until a permanent Director is confirmed by the Senate,” Brown said. “The White House must follow the law and nominate a permanent director swiftly who will fight for working people instead of the lenders that cheat them.”

The amicus brief argues that in order to preserve the independence of the CFPB, Congress provided for the CFPB’s Deputy Director to assume the role of acting Director in the event of a vacancy.  In section 1011(b)(5) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress instructed that the Deputy Director “shall…serve as acting Director” when the Director’s office becomes vacant.

On November 29th, current and former Members of Congress filed an amicus brief in support of a Temporary Restraining Order (TRO), against OMB Director Mick Mulvaney. This preliminary injunction will allow for a more thorough consideration of the merits of the case that Judge Kelly called “complicated” and “unusual”.



(Alphabetical Order)


Beatty, Joyce 

  Representative of Ohio


Brown, Sherrod 

  Senator of Ohio


Capuano, Michael E.

  Representative of Massachusetts


Clay Jr., William “Lacy” 

  Representative of Missouri


Cleaver, Emanuel 

  Representative of Missouri


Cortez Masto, Catherine 

  Senator of Nevada


Crist, Charlie 

  Representative of Florida


Crowley, Joseph

  Representative of New York


Delaney, John K.

  Representative of Maryland


Dodd, Christopher

  Former Senator of Connecticut


Ellison, Keith

  Representative of Minnesota


Foster, Bill 

  Representative of Illinois


Frank, Barney

  Former Representative of Massachusetts


Green, Al 

  Representative of Texas


Heck, Denny 

  Representative of Washington


Himes, Jim 

  Representative of Connecticut


Hirono, Mazie K. 

  Senator of Hawai?i


Hoyer, Steny 

  Representative of Maryland


Johnson, Tim

  Former Senator of South Dakota


Kanjorski, Paul E. 

  Former Representative of Pennsylvania


Kildee, Dan 

  Representative of Michigan


Lynch, Stephen F. 

  Representative of Massachusetts


Maloney, Carolyn

  Representative of New York


Meeks, Gregory W.

  Representative of New York


Menendez, Robert 

  Senator of New Jersey


Merkley, Jeff

  Senator of Oregon


Miller, Brad

  Former Representative of North Carolina


Moore, Gwen

  Representative of Wisconsin


Pelosi, Nancy 

  Representative of California


Schatz, Brian

  Senator of Hawai?i


Schumer, Charles E. 

  Senator of New York


Sherman, Brad

  Representative of California


Van Hollen, Chris 

  Senator of Maryland


Vargas, Juan

  Representative of California


Velázquez, Nydia M. 

  Representative of New York


Warren, Elizabeth 

  Senator of Massachusetts


Waters, Maxine  

  Representative of California