Richard Cordray went out of his way to be liked by Republicans on a Senate Banking Committee panel yesterday, who hold the fate of his confirmation to run the Consumer Financial Protection Bureau in their hands. He said the agency would have accountability. He said he would be “judicious” with federal lawsuits against banks for noncompliance with new rules. He even vowed to “streamline” regulations (more on that in a minute).
And he won the praise of a few Senate Republicans. But because they are opposed to the entire concept of the agency, they remained in opposition to Cordray’s confirmation. The 44 Republicans who signed a letter vowing to oppose any nominee for CFPB unless the agency is gutted remain opposed.
“Neither the president nor the majority has made an effort to work with us to improve the accountability of the bureau,” Shelby said at Tuesday’s confirmation hearing. “It may be good politics for them, but it is certainly bad policy for the American people.” [...]
On Tuesday, Sen. Bob Corker (R-Tenn.) called a recent meeting with Cordray “pleasant,” and Shelby said the nominee had a “good background.” Lawmakers on both sides noted that Cordray’s 12-year-old twins, who sat behind him during the hearing, never seemed to stop smiling.
“You’re caught between a big substantive debate here,” Shelby said.
Shorter Shelby: You’re a nice guy, Mr. Cordray. Pity I’m going to stop you from doing what you want to do. As a result, CFPB cannot without a confirmed director regulate non-bank financial institutions like mortgage brokers and payday lenders.
Back to that regulations piece. Here’s what Cordray actually said.
The nominee to lead the new Consumer Financial Protection Bureau told a Senate committee on Tuesday that he would make it a priority “to streamline and cut back” a mountain of regulations that has grown up over the last 30 years, which he said excessively burdened some banks and discourages them from lending money to consumers.
The nominee, Richard Cordray, who is currently the bureau’s head of enforcement, also told the Senate Banking Committee that if confirmed, he would use the agency’s “bigger and more flexible toolbox” to police consumer financial laws and would make judicious use of “needlessly acrimonious” lawsuits to enforce financial regulations [...]
Mr. Cordray said some regulation of small banks had been overdone, and he promised to roll back unnecessary rules. As the push for disclosure gained ground in the last 30 years, disclosures became “so long and confusing that they didn’t really help consumers, but they certainly posed burdens on lenders,” Mr. Cordray said. “There’s an opportunity to streamline that and cut that back. That’s something that will be a priority for me if I am director of this bureau.”
Given the Administration’s new anti-regulatory agenda, this has caused some concern. But this is no different than the principles-based approach to consumer financial protection which Elizabeth Warren announced almost a year ago for CFPB. Felix Salmon discusses the idea, and I have to say I find it compelling:
Warren, remember, is a law professor: she knows full well that the main effect of laying down rules is to send a thousand lawyers scurrying to find ways around them. And she’s surely also seen the way in which other regulators — the SEC springs to mind — become overrun by lawyers looking for people breaking rules, rather than regulators trying to ensure a clean and level playing field.
At the same time, principles-based regulation is new to the US, and will be worrying to banks who will never know for sure whether what they’re doing is allowed or not.
Good.
Principles-based regulation may not work for every single federal agency. But with a sector as malleable and deep-pocketed as the financial sector, using a principles-based approach makes the most sense, in my estimation. We’ve tried the rules-based approach and it simply hasn’t worked. When the rules aren’t rewritten by deregulatory politicians, they are scoured for loopholes by armies of lawyers. This approach allows the consumer to be the focal point, not the banking interests. If a consumer cannot figure out a financial form, then it’s an illegal form; that’s the essence of the idea.
So that’s probably close to what Cordray’s describing here. I don’t know why I took the time to explain it, however, because unless the President breaks with most prior precedent and actually takes action on a recess appointment that would make Republicans mad, there’s no way Richard Cordray or his principles will come within 1,000 feet of the CFPB director’s chair.




18 Comments

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Thanks for explaining it David. It’s somewhat interesting as a matter of academic interest.
deep-pocketed as the financial sector.
Yes, thanks to Main Street taxpayer. The only way to stop the banksters is to reinstall Glass Seagull Act and 0 chance of that happening in my life time.
He should have been put in place during the time out congress just had, no everyone went on vacation.
If it comes down to the CFPB Director’s position being filled by a “recess appointment”, then Elizabeth Warren could have filled the position. It is far more likely the Obama administration will take the default position of saying the Republicans stopped them from putting a Director into the position with the assumption that citizens will quickly forget about the agency altogether. Win – win for Obama administration…blame it on Republicans while keeping Banking friends happy.
What is the point of this?
Richard Cordray is the acting director of CFPB right now, is he not? What exactly can he not do that a confirmed director could do? What signoffs does he need that a confirmed director would not need? In what way is the work of the board being hampered by his not yet being confirmed?
It seems to me that the President for a change can wait the Republicans out on this one.
I would also like to add that if we had any semblance of justice, fairness, or morality left in this country, people would be outraged that this agency isn’t completely up and functioning at this time. Elizabeth Warren had both the credentials and suggested establishment of the agency in the first place, and should have been running the agency. Instead, we have allowed our government which makes the rules and laws, and business interests (including media and marketing) to do one of the worst things possible…morally bankrupt this country.
When neither the Rs or the Ds want the CFPB, why are you surprised.
I had a chance (prolly wouldn’t have made the cut, so don’t want to exaggerate where I would have been in the pecking order) to be a member of Clinton’s CEA. I had the Zoe Baird problem, so I turned it down with the first phone call. Had a call back that, my cleaning lady was an independent contractor, wasn’t she (I paid SS, etc. for my son’s caretaker).
I was very naive back then, but not enough to know that I did not want to become a poster woman for the inside-the-beltway shenanigans. It’s completely disgusting and I have mostly contempt for people who will bow & scrape to become part on inner circle of power.
While realizing the magnetic attraction of power. Everyone’s not like me.
That the Republicans have for years and years now been getting away with these kinds of shameless antics, its terrible. They’ve been truly abusive of congressional and executive power, twisting what are supposed to be check-and-balance mechanisms into tools for obstructionism.
They’re a terrible bunch, completely irredeemable.
Thank You for doing the right thing.
I also agree that it is a total, 100% unmitigated failure on the part of the Obama team that this agency is not functioning and headed by his former nominee, Elizabeth Warren, whom he apparently threw under the bus.
The Obama administration is terrible, and Mr. Obama’s presidency is already a disaster.
I didn’t do the right thing. I just realized (fuzzily and incoherently and inarticulately at that point) that the whole thing was scuzzy and not my cuppa.
And the Ds are better because…?
Here is the thing (and I’m sure you made the necessary decision for yourself at the time). But, the Democratic and Republican parties (the actual politicians that is) are so corrupted with people who are narcissists and power hungry that they lack the ability to act as government representatives of the people. So, if I continually cut down our government in general, I aid in the destruction. On the other hand, I still firmly believe in representative government and all the good things which can happen for a citizenry if government works on behalf of “we the people” (including protective regulations and social safety net programs). So, how do I deal with this dichotomy?
Then the issue arises, do the citizens care anymore? These perpetual wars, loss of civil rights, and every other atrocity occurring in this country should have people really angry about both political parties and demanding a change in the system if that’s what it takes. Is that happening? If not, why not?
We need politicians who care about the job, not their personal power. But, what happens to those who actually “care” instead, is the narcissists and power hungry keep those people from leadership positions. Why aren’t we as a nation changing this? By the way eCAHNomics, I have respect for your opinions, so this isn’t directed at you specifically. Just some of my many thoughts on this issue.
The federal bureaucrats I dealt with (mainly data drones) were indistinguishable from private bureaucrats. Dedicated, hard working, hugely desirous of helping you if you showed an interest in what they did for a living, namely producing econ data in my experience. The problem is MUCH farther up the food chain. It’s the people at the top (in both govt & private bureaucracies) who are completely incompetent, to name just their first problem.
I know humans are alpha-male driven, but I’ll be damned if I can figure out why that evolutionary model should have proven superior to other societal organizations.
You have evidence that it is not up and functioning?
Because it works in small Hunter-Gatherer groups, and small villages of settled people.
It falls apart when the organization has to become county level, and goes further down hill as the organizations (geography) gets larger.
Humans never evolved beyond small groups. Key word is “evolved”.
You are correct, it is up and running. Let’s address this again a year from now and see what was accomplished.
Cordray is desperate for a job — that’s why they picked him.