December 13, 2017

Bloomberg's BNA Daily Report for Executives quotes Gerry Sachs in article about Mick Mulvaney's impact on the CFPB

2 min

Gerry Sachs was quoted in an article in Bloomberg's BNA Daily Report for Executive on December 13, 2017, about the impact and authority of Acting Director, Mick Mulvaney, over the CFPB. Mulvaney has ordered a temporary freeze on hiring and final rules, as well as case-by-case review of litigation and other enforcement actions. Mulvaney plans to add more political appointees to the CFPB's ranks during his time as acting director, which he expects will be seven months.

Still, Trump's team can reverse many of the policies established during the five-year tenure of former director Richard Cordray, who resigned Nov. 24 to run for Ohio governor as a Democrat.

"Richard Cordray did good by consumers. However, at times, the bureau also overreached regarding its jurisdiction, penalties, and regulations," said Sachs.

In addition, banks and other financial companies have long complained that information is posted by the CFPB without getting fact-checked for accuracy. As a congressman, Mulvaney cosponsored a 2016 bill that would have barred the CFPB from posting unverified complaints. He now has the authority to halt the practice.

"I don't think the database will go away in its entirely, but I think certain information may become non-public," Sachs said.

Sachs anticipates that the hiring freeze will stay in place for the foreseeable future, meaning that positions that come open won't be filled. "Typically, 5 to 10 percent turnover is routine, so in the next year, a hundred or so employees might leave and they won't be rehired," he said.

Sachs sees potential parallels to the Federal Trade Commission, which went through a similar transition when Ronald Reagan, a conservative Republican, was elected President in 1980. The FTC put the brakes on some of its enforcement activity, but eventually had to pick it back up due to the prevalence of unlawful activity and industry complaints.

"Eventually the FTC had to start bringing enforcement actions because fraudsters were running rampant," Sachs said. "Set aside Republicans versus Democrats—I don't think anyone thinks fraud is OK," Sachs said.