CFPB -- Harris

David Sirota filed this request with the Consumer Financial Protection Bureau of the United States of America.

It is a clone of this request.

Status
Completed

Communications

From: David Sirota

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

All correspondence to or from the Consumer Financial Protection Bureau and Kamala Harris of California. This includes all correspondence to or from the Consumer Financial Protection Bureau and A) The Office of U.S. Senator Kamala Harris, B) The Office of California Attorney General Kamala Harris and C) Kamala Harris herself. I hereby request such correspondence from 1/1/13 to the present.

I am requesting a waiver of all fees under 5 U.S.C. Section 552(a)(4)(A)(iii). The information I seek is in the public interest because it will contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest. This request is not a commercial request -- it is being made by an award-winning media organization.

I believe I meet the criteria for a fee waiver recognized by the executive branch - and by the federal courts, See Project on Military Procurement v. Department of the Navy, 710 F. Supp. 362 363, 365 (D.C.D. 1989).

My request concerns the operations or activities of government because the records relate to the enforcement of consumer protection laws at a time when there is significant public debate about financial regulations. The records that are responsive to this request will spotlight the way the government shapes consumer financial protection regulations.

Also, the information sought has informative value, or potential for contribution to public understanding. Please note the decision in Elizabeth Eudey v. Central Intelligence Agency, 478 F. Supp. 1175 1176 (D.C.D. 1979) (even a single document has the potential for contributing to public understanding). As a reporter for Capital & Main, I plan to disseminate this information to the public at large through publication at Capital & Main (www.capitalandmain.com). This award-winning publication get millions of visitors per month.

In addition, the release of this information will have a significant impact on public understanding because it will illustrate how antitrust enforcement decisions are influenced and made by public officials. The policy matters this request covers millions of people in their daily lives, and these documents will show how those matters are perceived by public officials and influenced by outside interests.

In your deliberations, please take note of the following cases: Campbell v. U.S. Department of Justice, 334 U.S. App. D.C. (1998)(administrative and seemingly repetitious information is not exempt from fee-waiver consideration); Project on Military Procurement (agencies cannot reject a fee waiver based on the assumption that the information sought is covered by a FOIA exemption; and Landmark Legal Foundation v. Internal Revenue Service, 1998 U.S. Dist. LEXIS 21722 (D.C.D. 1998)(the fact that the information will soon be turned over to a public body does not exempt the material from fee-waiver consideration).

If it is your position that some records are exempt from disclosure but others are not, I request that you provide the documents that are not exempt. For the exempted documents, I request that you provide an index of those exempted documents as required under Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1972). As you are aware, a Vaughn index must describe each document claimed as exempt with sufficient specificity “to permit a reasoned judgment as to whether the material is actually exempt under FOIA.” Founding Church of Scientology v. Bell, 603 F.2d 945, 949 (D.C. Cir. 1979). Moreover, the Vaughn index must “describe each document or portion thereof withheld, and for each withholding it must discuss the consequences of supplying the sought-after information.” King v. U.S. Dep’t of Justice, 830 F.2d 210, 223-24 (D.C. Cir. 1987) (emphasis added). Further, “the withholding agency must supply ‘a relatively detailed justification, specifically identifying the reasons why a particular exemption is relevant and correlating those claims with the particular part of a withheld document to which they apply.’” Id.at 224 (citing Mead Data Central v. U.S. Dep’t of the Air Force, 566 F.2d 242, 251 (D.C. Cir. 1977)).

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

David Sirota
Investigative Reporter
Capital & Main

From: Consumer Financial Protection Bureau

Good Afternoon Mr. Sirota,

We apologize for the delay in getting back to you. In response to your email below regarding your status inquiry, we are conducting a thorough review of our records. If in fact we did not receive your request, we will process as soon as possible.

Again, please be advised that the BCFP FOIA Office has a backlog of pending FOIA requests. We are diligently working to process each request in the order in which it was received. Your patience is greatly appreciated.

Thank you,

FOIA Public Liaison | FOIA Office
Office: (202) 435-9499 | Toll Free: (855) 444-3642
Bureau of Consumer Financial Protection
consumerfinance.gov/foia
Confidentiality Notice: If you received this email by mistake, you should notify the sender of the mistake and delete the e-mail and any
attachments. An inadvertent disclosure is not intended to waive any privileges

From: Consumer Financial Protection Bureau

Dear Mr.  Sirota,

Please see the attached acknowledgement letter that references your FOIA request dated February 26, 2019 that was submitted to the Bureau of Consumer Financial Protection (BCFP).

If you have any questions or concerns, please do not hesitate to contact the Bureau's FOIA Service Center at 1-855-444-FOIA (3642) or FOIA@consumerfinance.gov. (mailto:FOIA@consumerfinance.gov)

Thank you,
FOIA Public Liaison

From: Consumer Financial Protection Bureau

Dear Mr. Sirota,
Attached to this email is our final response to your FOIA request dated December 26, 2018 to the Consumer Financial Protection Bureau (CFPB). If you have any questions or concerns, please do not hesitate to contact the CFPB FOIA Team at 1-855-444-FOIA (3642) or FOIA@consumerfinance.gov. Thank you.
FOIA Public Liaison | FOIA Office Office: (202) 435-9499 | Toll Free: (855)444-3642 Consumer Financial Protection Bureau consumerfinance.gov/foia Confidentiality Notice: If you received this email by mistake, youshould notify the sender of the mistake and delete the e-mail and anyattachments.  An inadvertent disclosure is not intended to waive anyprivileges.

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