With the Consumer Financial Protection Bureau (CFPB) facing a potential shutdown under President Trump, a nationwide coalition of attorneys-general has moved to defend the agency through the courts.
Last week, attorneys-general in 23 states put their names to an that aims to support a legal challenge to the Trump administration鈥檚 efforts to defund the CFPB.
Led by New York Attorney General Letitia James, the brief is intended to strengthen the case presented by Brandon Scott, mayor of Baltimore, and the Baltimore City Council, who are currently and its new leadership.
At the beginning of February, as covered by 天涯海角社区, then-acting CFPB director Scott Bessent issued an internal cease and desist order to the agency.
In an email to staff, Bessent ordered that all current CFPB work, including investigations, examinations, rulemakings and litigation, be suspended with immediate effect.
One week later, President Trump named Russ Vought as his new acting director of the CFPB.
Vought, a Trump loyalist who served as director of the Office of Budget Management (OMB) during Trump鈥檚 first term, has also been appointed to the same role during his second term.
On Vought鈥檚 second day as acting CFPB director, he, like Bessent, issued an order to all staff to 鈥渟tand down from performing any work task鈥.
Vought also notified the Federal Reserve Board of Governors that he would like to request $0 in CFPB funding for the upcoming fiscal quarter.
鈥淐FPB will not be taking its next draw of unappropriated funding because it is not 鈥榬easonably necessary鈥,鈥 Vought on X.
鈥淭his spigot, long contributing to CFPB's unaccountability, is now being turned off.鈥
Vought also acknowledged that the CFPB currently has a balance of $711m, which he described as 鈥渆xcessive鈥 in the current fiscal environment.
In their lawsuit, the Baltimore plaintiffs allege that Vought鈥檚 actions are unlawful under the Administrative Procedure Act (APA), and should be reversed through a preliminary injunction.
鈥淚t is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, because it is designed to and in fact will leave the CFPB with insufficient funding to carry out its statutorily required functions,鈥 they said.
Under the Consumer Financial Protection Act, they argue, the CFPB director is required to request transfer from the Fed of an amount 鈥渞easonably necessary to carry out [its] authorities鈥.
Vought has 鈥渘o authority or discretion to unilaterally defund the agency鈥, the plaintiffs added.
States would be 'irreparably harmed' by CFPB shutdown
The state attorneys-general agree with the Baltimore lawsuit鈥檚 reading of the APA and its application of it to Vought鈥檚 actions as CFPB director.
In addition to supporting these key arguments, the 23 attorneys-general wish to substantiate the plaintiffs鈥 claims that states will face "irreparable harm鈥 if the CFPB is defunded and unable to operate.
The three main areas that will be affected, the attorneys-general said, are CFPB support for state enforcement efforts, CFPB supervision of consumer protection compliance among large banks and direct CFPB collaboration in supervision and enforcement actions.
鈥淭he sudden withdrawal of these CFPB services, supervision and collaborative assistance will thus inflict immediate harm on states and their residents,鈥 they said.
They also argue that, in many states, these harms have already begun. For example, access to the CFPB鈥檚 expertise and resources has already been lost, and referrals of consumer complaints to the CFPB have been left unanswered.
Similarly, states that were conducting collaborative enforcement investigations, active litigations or joint supervisory examinations prior to the suspension order are unable to continue their work.
It is also worth noting that, at Vought鈥檚 direction, the CFPB has set up a 鈥溾 where businesses can report to the agency if a CFPB staff member attempts to pursue them in violation of the suspension order.
Only the powerful will benefit from CFPB suspension, says AG James
Since the agency was launched in 2011, the CFPB has helped to protect millions of Americans from illegal behaviour by financial institutions.
In a separate , Attorney General James pointed to the CFPB鈥檚 track record of resolving foreclosure disputes on behalf of homeowners, preventing banks from charging junk fees and returning more than $20bn to harmed consumers.
鈥淓liminating the CFPB will hurt everyday people and benefit billionaires like Elon Musk and his friends,鈥 said the attorney general.
鈥淭he CFPB has put billions of dollars back in the pockets of Americans by going after predatory lenders, deceptive companies and slashing junk fees.
鈥淭he only reason to get rid of this watchdog agency is to protect bad actors. Working families need the CFPB, especially as rising prices are making it hard to make ends meet and put food on the table.鈥
