Capitol Notes | Peggy Sue, the Beagle Hound 19 seat, District 56 where Speaker Beth Harwell is seeking the Governor’s office, and District 59 where Sherry Jones has decided not to seek reelection. The state senate seats are District 19 where Senator Thelma Harper is not seeking reelection, and District 21 where Attorney Jeff Yarbro is the incumbent and is unopposed.) August 2 is also the primary election for Governor, US Senate, and all US House seats. The early voting period for the August 2 election begins July 13. Tuesday, November 6, will see the general election for the state and federal offices. Checklist for June and July 1. Send a note to your state lawmakers thanking them for their service. Like lawyering, lawmaking is hard. 2. You may use the website GoVoteTN. com to register to vote or to update your registration online. 3. Last day to register to vote for the August election is July 3. 4. Mark your calendar for the NBA’s Happy Hour and Sounds Game on July 17, and the Dog Days of Summer CLE and “Yappy Hour” on July 21.
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Editorial | An Overview of the CFPB (continued from page 26) April 24, 2018, the Fifth Circuit Court of Appeals confirmed it will hear an interlocutory appeal by All American Check Cashing (All American), a defendant in a CFPB complaint filed in 2016. The complaint alleges All American engaged in abusive, deceptive, and unfair conduct in making payday loans—including failing to refund overpayments on the loans and cashing consumers’ checks.12 It is unknown how the court’s ruling will impact All American under the “frozen” CFPB enforcement. As the conflict does not seem to be winding down nor decisions finalized, the future shape of the CFPB is not certain. To date, the January 2018 PHH ruling has not been appealed to the Supreme Court. For now, Mulvaney cannot be removed at-will by the President, and the CFPB’s structure will continue as it was at its creation over seven years ago. However, it does not look like the old CFPB watchdog will be showing its teeth again anytime soon. n Endnotes ©CFPB, Twitter (May 7, 2018, 4:13), Twitter. com/CFPB. 1
Calendar Notes Father’s Day is Sunday, June 17. State and NBA offices will be closed Wednesday, July 4, for the Independence Day holiday. n PEGGY SUE is fond of the classic 1957 Buddy Holly song. When hunting legislative news or biscuits, she is hard to contact. She is also grateful for the Nashville Bar Journal’s recognition of the Dog Days of Summer in this issue. Reminds us, every dog has her day.
Diana Hembree, Mulvaney Is on the Hot Seat For His Stunning ‘Pay To Play’ Remarks, Forbes, (Apr. 26, 2018), Forbes.com/ sites/dianahembree/2018/04/26/cfpbs-mulvaney-is-on-the-hot-seat-for-his-pay-to-playremark/#5a89e9504417. See also Mick Mulvaney: I’m not “gutting” CFPB, USA Today (Feb. 13, 2018), USAtoday.com/story/opinion/2018/02/13/mick-mulvaney-changing-cfpb-editorials-debates/110383654. 2
PHH Corp., et al. v. Consumer Fin. Protection Bureau, No. 15-1177 (D.C. Cir. Oct. 2016). 3
Id. slip op. at 27.
Megan Leonhardt, Washington’s New Consumer Cop Is Gutting His Own Agency. Here’s Why You Should Care, Money Magazine, (Feb. 5
NASHVILLE BAR JOURNAL | JUN/JUL 2018
2, 2018), Time.com/money/5129645/mick-mulvaney-cfpb-agency. Wilhelm, Colin & Josh Gerstein, Court upholds constitutionality of Consumer Financial Protection Bureau, Politico (Jan. 31, 2018), Politico. com/story/2018/01/31/consumer-financial-protection-bureau-court-ruling-380226. 6
See Letter from Sherrod Brown, et al. to Leandra English & Mick Mulvaney (Feb. 16, 2018), Democrats-financialservices.house.gov/ uploadedfiles/cfpb_fair_lending_bicameral_letter_-_final.pdf. 7
Emily Stewart, The government’s top consumer watchdog hasn’t taken a single enforcement action since Trump’s pick took over, Vox (Apr. 10, 2018), Vox.com/policy-and-politics/2018/4/10/17218774/mick-mulvaney-cfpb-consumer-wells-fargo-equifax. 8
Iain Murray, Case of Mortage Lender PHH Corp. Highlights CFPB’s Unconstitutional Abuses, CEI (Nov. 30, 2017), CEI.org/blog/ case-mortgage-lender-phh-corp-highlights-cfpbs-unconstitutional-abuses. 10
Judges rule CFPB independent, structure constitutional, NASCUS, (Jan. 31, 2018), Nascus.org/stories/2018/01-31-18%20Judges%20 rule%20CFPB%20structure%20constitutional. php. 11
Barbara S. Mishkin, Circuit agrees to hear challenge to CFPB’s constitutionality, Ballard Spahr LLP (Apr. 26, 2018), ConsumerFinanceMonitor. com/2018/04/26/fifth-circuit-agrees-to-hear-challenge-to-cfpbs-constitutionality (citing Alan S. Kaplinsky & Theodore R. Flo, CFPB Sues All American Check Cashing, Ballard Spahr LLP, (May 17, 2016)). 12
LAUREN M. POOLE is an Associate Attorney at Taylor, Pigue, Marchetti & Blair, PLLC in Nashville where she practices civil litigation, including bankruptcy and creditors’ rights. Lauren earned a B.A. in Political Science and a B.A. in Studio Art from the University of Tennessee, Knoxville. She earned her J.D. from Belmont University College of Law in 2016. She is an NBA member and serves on the Editorial Committee for the Nashville Bar Journal. Lauren is also passionate about supporting the arts and currently serves on the Board of Turnip Green Creative Reuse.
The Dog Days of Summer