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Senate confirms Kraninger as new CFPB director

Federal Issues CFPB CFPB Succession U.S. Senate

Federal Issues

On December 6, the U.S. Senate confirmed, in a 50 to 49 vote, Kathy Kraninger as the new Director of the CFPB for a five year term. Kraninger replaces acting CFPB Director Mick Mulvaney, under whom she served at the Office of Management and Budget (OMB) as the associate director for general government. Prior to OMB, Kraninger worked at the Department of Homeland Security and in Congress on the House and Senate Committees on Appropriations. In July, Kraninger testified before the Senate Banking Committee where she fielded questions covering a range of topics and notably stated that, “Congress, through [the] Dodd-Frank Act, gave the Bureau incredible powers and incredible independence from both the president and the Congress in its structure. . . . My focus is on running the agency as Congress established it, but certainly working with members of Congress. I’m very open to changes in that structure that will make the agency more accountable and more transparent.” (Detailed coverage on Kraninger’s hearing available here.)

While her views on consumer financial protection issues are largely unknown, Kraninger is expected to continue with Mulvaney’s initiatives, at least in the near term. Currently, the Bureau is, among other things, (i) expected to release a proposed rule reconsidering the ability-to-repay provisions of the rule covering Payday, Vehicle Title, and Certain High-Cost Installment Loans in January 2019 (covered by InfoBytes here); (ii) fighting three constitutional challenges to its single-director structure (InfoBytes coverage here and here and here); and (iii) receiving pushback from state Attorneys General on its reported decisions to no longer supervising financial institutions for compliance with the Military Lending Act (MLA) and reexamine the requirements and enforcement of the Equal Credit Opportunity Act (ECOA) (covered by InfoBytes here and here).

In a press statement released shortly after the vote, Mulvaney praised the Senate for confirming Kraninger and spoke of his time as acting Director, “[t]his last year has been an important step in the history of the Bureau as we take our place among the most notable regulatory bodies of our country -- and frankly the world. Like all transitions, it was not always as smooth as we would've all liked, but the Bureau has emerged stronger for it.”