8 examine national banks—actions otherwise prohibited by the Supreme Court’s decision in Cuomo v. Clearing House Association, LLC, 557 U.S. 519 (2009). The direction the CFPB will take in 2018 remains unclear as a result of the departure of former Director Richard Cordray and the subsequent conflict arising from Director Cordray naming Leandra English to fill his vacancy, and President Trump naming Mick Mulvaney as the acting Director. U.S. District Court Judge Timothy Kelly denied English’s emergency request for relief and has ruled that English is not likely to prevail in her challenge to Mulvaney’s appointment. English filed an amended complaint and moved for a preliminary injunction barring Mulvaney from serving as director, but on January 10, 2018, Judge Kelly denied English’s request. This ruling set in motion an appeal to the D.C. Circuit. Until the court rules whether Dodd-Frank permits the outgoing Director to name a temporary replacement, the future of the director’s seat remains uncertain. Regardless, however, a new Director will likely be nominated in the coming months. Aside from determining the fate of CFPB leadership, courts may see a dwindling number of mortgage origination and auto lending cases, while enforcement agencies concentrate on loan servicing, credit lending, and credit reporting litigation. Meanwhile, the plaintiffs’ bar is hopeful that courts will continue to refine and limit the application of Spokeo, which will determine the future course of private litigation under many consumer protection statutes. 2018 should also finally see a decision in a much-anticipated decision from the D.C. Circuit on the TCPA. 2016 2017 4 - Total Actions - 2016 + 2017 0 10 20 30 40 50 60 70 80 S t a t e S t a t u t e o r R e g u l a t i o n C F P A F T C A F D C P A T I L A F C A E C O A F H A F C R A E F T A S C R A R E S P A F I R R E A 7 5 5 1 6 2 8 12 11 20 13 34 24 57 6 65 11 37 28 17 9 4 9 8 5 0 TOTAL ACTIONS BY STATUTE