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In a May 3, 2013 article in CFPB Watch, Venable partner Jonathan Pompan commented on the current status of the Consumer Financial Protection Bureau (CFPB) as it relates to the bureau’s director Richard Cordray enduring constitutional challenges to his appointment, which, like in the case of the National Labor Relations Board, was made during a recess.

Pompan said that the prospect of a court decision (on the legitimacy of Cordray’s position) may impel Democrats to make concessions on structural changes to the CFPB. He explained "as a practical matter, it’s unlikely that going into the next presidential cycle Democrats would want to set up a situation where there could be a sole Republican-appointed director. As time passes by, the prospect of a court decision that invalidates the Cordray appointment may become one of many potential reasons to consider structural changes."

Assessing the bureau as it approaches its second year of operation, Pompan said "the CFPB is not catering to Washington politicians, lobbyists, or lawyers. Rather, it’s holding true to its consumer driven mission. The risk is, as it proceeds with some of its more controversial projects such as data collection, consumer complaint mining, [and it] does less through traditional notice and comment rulemaking, it will lose what support it has among those it regulates. In the meantime, investigations and enforcement work continues in the shadows, but more [of] that will become public as the year goes on."