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