Professional Documents
Culture Documents
Complaint - FGI v. Consumer Financial Protection Bureau #22-Cv-2069
Complaint - FGI v. Consumer Financial Protection Bureau #22-Cv-2069
COMPLAINT
1. Plaintiff, Functional Government Initiative (“FGI”), brings this action against the United
Information Act, 5 U.S.C. § 552 (“FOIA”), and the Declaratory Judgment Act, 28 U.S.C. §§
2201 and 2202, requesting declaratory and injunctive relief to compel Defendant’s
3. Venue in this Court is provided for by 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1391(e).
1
Case 1:22-cv-02069 Document 1 Filed 07/14/22 Page 2 of 9
American public’s access to information about the officials, decisions, actions, and priorities
5. FGI accomplishes its mission though investigative research, analysis, and dissemination of
the information it obtains. The records FGI obtains under FOIA are vital to accomplishing its
mission.
6. Defendant, CFPB, is an independent agency within the federal government and an “agency”
within the meaning of and subject to FOIA. See 5 U.S.C. § 551(1), § 552(f)(1).
STATEMENT OF FACTS
7. On January 20, 2022, FGI submitted a FOIA request to CFPB, seeking information from
FGI requests all records from October 1, 2021, to the date the CFPB conducts the search
meeting the following criteria:
1. All records, including any drafts, that contain, reference, discuss, or otherwise relate
to a discussion that occurred on or about October 31, 2021, between Mr. Rohit
Chopra and/or his staff and Chairman Jelena McWilliams and/or her staff relating to
bank mergers. For context, this communication is referenced here: “A Hostile Takeover
of the FDIC” by Jelena McWilliams, Wall Street Journal (Dec. 15, 2021), available at
https://www.wsj.com/articles/hostile-takeover-fdic-board-rohit-chopra-michael-hsu-
jelena-mcwilliams-abuse-power-11639432939.
2. All records, including any drafts, that contain, reference, discuss, or otherwise relate
to an email sent by one or more FDIC directors requesting, instructing, or otherwise
concerning the review or mark up of a request for information concerning bank
mergers that occurred on or about November 16, 2021. For context, this
communication is referenced in the same article cited above. For purposes of this
request, please include both the referenced communications between Chairman
McWilliams and Board Member Michael Hsu and all records relating to what the
article cited above describes as a “joint letter instructing FDIC staff to mark up their
original document instead.” Note, while this request includes the referenced letter, it
is broader than just this letter and also includes all records referencing this letter,
2
Case 1:22-cv-02069 Document 1 Filed 07/14/22 Page 3 of 9
3. All records, including any drafts, that contain, reference, discuss, or otherwise relate
to an email sent by Mr. Chopra, any of his deputies, or any other staff member associated
with Mr. Chopra purporting to circulate a vote on the document Mr. Chopra prepared
relating to bank mergers that was sent on or about November 26, 2021. For context, this
communication is referenced in the same article cited above.
4. All records, including any drafts, that contain, reference, discuss, or otherwise relate
to a communication from the FDIC General Counsel’s Office concerning whether the
aforementioned communication dated on or around November 26, 2021,
was a valid distribution or could be considered an official board action. For context, this
communication is referenced in the same article cited above. These communications
should likely be captured by paragraph 3 above. Their inclusion here is not meant
to imply otherwise.
5. All records of communications between the CFPB and the Office of Legal Counsel at
the Department of Justice.
6. All records of communications between the CFPB and Senator Elizabeth Warren,
persons working in the office of Senator Elizabeth Warren, or persons working for
the campaign of Senator Elizabeth Warren.
7. All records of communications between the CFPB and persons working for the
Senate Committee on Banking, Housing, and Urban Affairs.
3
Case 1:22-cv-02069 Document 1 Filed 07/14/22 Page 4 of 9
For the records requested with these criteria, we are specifically seeking records held by
the following persons, divisions, or offices:
For purposes of this request, we are not seeking records that consist solely of news
articles.
8. The release of records responsive to FGI’s FOIA request will improve the public’s
understanding of what was widely reported as members of the Board of Directors of the
Federal Deposit Insurance Corporation (“FDIC”) – including the Director of the CFPB, who
serves on FDIC’s board –having circulated for a vote a rule making matter for bank mergers
while FDIC Chairman McWilliams was traveling abroad on business. The legality of this
https://www.washingtonpost.com/business/2022/01/01/trump-appointee-resigns-fdic/, CNN
https://www.cnn.com/2022/01/01/politics/fdic-jelena-mcwilliams-resignation/index.html,
giving-biden-more-say-over-bank-regulation.html, Politico,
https://www.politico.com/news/2021/12/31/fdic-chair-jelena-mcwilliams-to-resign-526295,
4
Case 1:22-cv-02069 Document 1 Filed 07/14/22 Page 5 of 9
9. The FDIC’s General Counsel, Legal Division, informed Director Chopra that his
“communication dated November 26, 2021, does not constitute a valid circulation for a
notional vote and cannot be recorded in the minutes of the proceedings of the Board of
10. The procedural maneuvers by Director Chopra and other members of FDIC’s board
“hostile takeover.” The controversy did not abate and was heightened further when the
11. A wide audience of persons is interested in what has been happening at the FDIC, as well as
the CFPB’s role in those events. Although the events initially received press coverage,
information about what precipitated the events remains limited. The records requested by
FGI will provide the public additional information about what transpired in this extraordinary
chain of events and give the public greater insight into the decision making at the CFPB, a
relatively new federal agency that has been subject to limited scrutiny.
12. By letter dated January 21, 2022, CFPB acknowledged receipt of FGI’s FOIA request. The
letter did not suggest that FGI’s request was deficient in any way.
13. The letter stated that although CFPB’s goal was to respond to a FOIA request within 20
business days, because FGI’s request required a search for records in separate CFPB offices,
CFPB would extend the due date for its response by 10 business days.
14. Including the extension, CFPB’s response was due within a total of 30 business days, i.e., on
5
Case 1:22-cv-02069 Document 1 Filed 07/14/22 Page 6 of 9
15. Having heard nothing further from CFPB, on April 20, 2022, FGI sought an update from
16. CFPB responded that it had “gathered and reviewed the responsive records,” but because the
CFPB records included emails from other agencies, CFPB would need to consult with those
17. In an effort to reach a compromise that would result in the beginning of the production of
documents, on April 20, 2022, FGI requested that CFPB produce records on a rolling basis
such that FGI would not have to wait for records that were ready for release while other
18. On April 20, 2022, CFPB acknowledged that a rolling release was a possibility and agreed to
19. Having heard nothing further from CFPB, on May 9, 2022, FGI again sought an update on
20. On May 9, 2022, CFPB responded that it “should be ready to start releasing documents in
21. CFPB advised FGI on May 20, 2022, that it was “nearly ready” to make a first production of
documents, and if FGI would waive its request with respect to a 300-page attachment that
was purportedly unrelated to FGI’s request, CFPB “would be able to make [its] first
production by next week.” This meant that the production was to begin no later than May
22. In an effort to reach a compromise that would result in the release of responsive records, FGI
agreed to waive production of the attachment if it were unrelated to the subject matter of
FGI’s request.
6
Case 1:22-cv-02069 Document 1 Filed 07/14/22 Page 7 of 9
23. Having received no documents by May 27, 2022, as promised by CFPB, on June 2, 2022,
FGI again asked CFPB for an update as to when production would begin.
24. As of the filing of this Complaint, CFPB has not provided an update or had any further
25. Absent the filing of this lawsuit, CFPB apparently will not comply with its obligations under
FOIA.
COUNT I
Wrongful Withholding Of Non-Exempt Responsive Records By Defendant
In Violation of FOIA, 5 U.S.C. § 552
26. FGI restates and incorporates by reference all the preceding paragraphs.
27. FGI properly requested records within the possession, custody, and control of CFPB.
28. Because CFPB is an “agency” subject to FOIA, it must release all responsive, non-exempt
records and provide legitimate reasons for withholding any responsive records. See 5 U.S.C.
§ 551(1), § 552(f)(1).
29. By failing to produce all responsive, non-exempt records, CFPB is wrongfully withholding
FGI’s FOIA request, CFPB is wrongfully withholding agency records subject to release
31. Because CFPB has failed to meet its obligations under FOIA within the applicable statutory
time limits, FGI is deemed to have exhausted its administrative remedies. 5 U.S.C. § 552
(a)(6)(C)(i).
7
Case 1:22-cv-02069 Document 1 Filed 07/14/22 Page 8 of 9
32. Despite FGI’s good-faith efforts to work with CFPB to obtain records that are clearly in the
public interest and releasable under FOIA, it is apparent that absent this lawsuit CFPB will
33. Accordingly, FGI is entitled to declaratory and injunctive relief requiring CFPB to promptly
other responsive records, and to provide indexes justifying the withholding of any responsive
REQUESTED RELIEF
(1) Take and maintain jurisdiction over this case until CFPB complies with the requirements of
(2) Order CFPB to produce all non-exempt records and non-exempt portions of other records
responsive to FGI’s FOIA request and provide indexes justifying the withholding of all or any
(3) Order CFPB to produce all non-exempt records within ten days, or within such other period
(4) Enjoin CFPB from continuing to withhold all non-exempt responsive records and portions of
records.
(5) Award the reasonable attorney’s fees and other litigation costs incurred in this action, as
(6) Grant FGI such other relief as this Court deems to be necessary and proper.
8
Case 1:22-cv-02069 Document 1 Filed 07/14/22 Page 9 of 9
Respectfully submitted,
FUNCTIONAL GOVERNMENT INITIATIVE
By Counsel:
/s/Richard W. Goeken
Richard W. Goeken
D.C. Bar # 441217
LUMEN LAW FIRM
1802 Vernon Street, Suite 2040
Washington, D.C. 20009