On January 10, 2018, a federal judge denied a request for a preliminary injunction to remove President Trump's appointee for acting director of the Consumer Financial Protection Bureau (CFPB). It is expected that the decision will be appealed, a move that will likely further the sense of uncertainty among banks and consumer advocates over the direction of the CFPB.

Alan S. Kaplinsky, Co-Practice Leader of the firm's Consumer Financial Services Group, argues that selecting a permanent director, confirmed by the Senate, is the only way to resolve the leadership dispute in the near term. "The industry needs certainty when it comes to any federal agency. They need to know who’s in charge and who’s got authority and right now they don't," he said. "I'd be very reluctant to enter into any kind of agreement with the CFPB right now because I can’t be assured that the director has authority."

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