Jonice Gray Tucker Quoted in National Law Journal Article, "Unsealing Ruling Reveals Test Over Secrecy of CFPB Investigations"Jonice Gray Tucker
Jonice Gray Tucker was quoted in C. Ryan Barber's National Law Journal article, "Unsealed Ruling Reveals Test Over Secrecy of CFPB Investigations," on October 23, 2015.
Beyond the risk of creating a public record, companies tend not to file petitions at the CFPB because the decision to approve or deny them rests with the bureau itself.
Buckley Sandler partner Jonice Gray Tucker said companies request access to bureau hearings in a number of scenarios, although businesses generally avoid the formal petition process. Access to hearings is an issue that often arises, she said.
“Usually it’s just a discussion by phone, honestly, and most companies don’t take it to the level of filing a formal petition,” Tucker said. She described the bureau as “the judge and the jury on the petitions challenging” civil investigative demands and said there is a presumption the agency will make the petition and any ruling public.
“If the bureau hasn’t made the petition and ruling public yet, you risk doing that when you file a case in U.S. district court,” Tucker said. “That is the source of significant heartburn.”