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Tag Archives: amicus

PHH files opening en banc brief; seven supporting amicus briefs filed

Posted in CFPB Enforcement

On Friday, PHH filed its opening en banc brief with the D.C. Circuit in the rehearing of its appeal of Director Cordray’s June 2015 decision that affirmed an administrative law judge’s (ALJ) recommended decision concluding PHH had violated RESPA and increased the ALJ’s disgorgement award from over $6.4 million to over $109 million.  The rehearing… More >

CFPB files SCOTUS amicus brief in FDCPA case on filing bankruptcy proof of claim on time-barred debt

Posted in Debt Collection

The CFPB has filed an amicus brief in the U.S. Supreme Court in support of the respondent/consumer in Midland Funding, LLC v. Aleida Johnson, a decision of the Eleventh Circuit that held Midland’s alleged filing of an accurate proof of claim in the consumer’s bankruptcy case on a time-barred debt violated the FDCPA. In its… More >

Members of Congress, consumer advocates file amicus briefs supporting CFPB’s petition for rehearing en banc in PHH case

Posted in CFPB Enforcement, Mortgages

A group of 21 current and former members of Congress and a group of 10 consumer advocacy organizations have filed amicus briefs in support of the CFPB’s petition filed with the D.C. Circuit seeking a rehearing of its decision in CFPB v PHH Corporation. Under D.C. Circuit Rules, “[n]o amicus curiae brief in response to… More >

CFPB files amicus brief in FDCPA case applying “meaningful attorney involvement” standard to debt collection litigation

Posted in Debt Collection

The CFPB, jointly with the FTC, has filed an amicus brief with the U.S. Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP, the case in which the district court ruled that a debt collection law firm violated the FDCPA by filing a complaint without “meaningful attorney involvement.”  In the… More >

CFPB files amicus brief in Fifth Circuit TILA case

Posted in CFPB General

The CFPB has filed an amicus brief in Billings v. Propel Financial Services, LLC, a case on appeal to the U.S. Court of Appeals for the Fifth Circuit.  The issue in the case is whether a private lender extends“consumer credit” under TILA by providing loans to consumers for the purpose of paying residential property taxes. The… More >

CFPB soliciting suggestions for its amicus brief program

Posted in CFPB General

The Consumer Law & Policy Blog has reproduced a copy of a letter sent yesterday by the CFPB seeking suggested cases for the CFPB’s amicus brief program.  The letter indicates that the amicus program has so far filed 14 amicus briefs in the federal courts of appeals and has worked closely with the Solicitor General’s Office… More >

CFPB files amicus brief in Ninth Circuit FDCPA case

Posted in Debt Collection

The CFPB, together with the FTC, has filed an amicus brief in Hernandez v. Williams, Zinman & Parham, P.C., a Fair Debt Collection Practices Act case on appeal to the U.S. Court of Appeals for the Ninth Circuit.  The case involves the FDCPA requirement in 15 U.S.C. §1692g(a) for “a debt collector” to send a validation… More >

CFPB files amicus brief in another FDCPA case

Posted in Debt Collection

Last month, the CFPB, jointly with the FTC, filed an amicus brief in Sykes v. Mel S. Harris and Associates LLC, a Fair Debt Collection Practices Act case on appeal to the Second Circuit.  This represents the fourth FDCPA case in which the CFPB has filed an amicus brief, with one previous brief filed earlier this… More >

CFPB files second amicus brief in First American RESPA case

Posted in Mortgages

Last year, many observers were disappointed when the U.S. Supreme Court dismissed the appeal in First American Financial Corp. v. Edwards, the case that presented the issue of whether a plaintiff who brings a RESPA claim has Article III standing to recover statutory damages in the absence of any actual damages caused by the alleged RESPA… More >

CFPB files amicus brief in FCRA case

Posted in Credit Reports

The CFPB recently filed its first amicus brief in a Fair Credit Reporting Act (FCRA) case.  This brief, like the amicus brief the CFPB filed in August 2013 in the Seventh Circuit in a Fair Debt Collection Practices Act case, was filed jointly with the FTC.  The CFPB filed the latest brief in Moran v. The… More >

Mount Holly case draws numerous amicus briefs supporting Township’s position

Posted in Fair Lending

Thirteen amicus briefs have been filed in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., the case pending in the U.S. Supreme Court in which the question presented is whether disparate impact claims are cognizable under the Fair Housing Act (FHA).   Twelve of the amicus briefs support the Township’s position that the… More >

CFPB files amicus brief in FDCPA case

Posted in Debt Collection

A new amicus brief filing by the CFPB recently appeared on the CFPB’s amicus program webpage.  On August 14, 2013, the CFPB, jointly with the FTC, filed an amicus brief in Delgado v. Capital Management Services, LP, et al., a case on appeal to the Seventh Circuit.  The brief urges the Seventh Circuit to affirm… More >

Republican Senators file amicus brief supporting certiorari in NLRB v. Noel Canning

Posted in CFPB General

Senate Republican Leader Mitch McConnell and his 44 Senate Republican colleagues have filed an amicus brief urging the U.S. Supreme Court to grant certiorari in NLRB v. Noel Canning. Indicating that the Republican Senators have “an unparalleled interest in safeguarding the chamber’s constitutionally prescribed role in the appointments process, which the Executive here sought to… More >

CFPB files amicus brief in Second Circuit ILSA case

Posted in CFPB General

On March 12, 2013, the CFPB filed a new amicus brief supporting the consumer/appellee’s position that the Interstate Land Sales Full Disclosure Act (ILSA) applies to condominium units, even where the unit does not also include access to the land on which the building is constructed, such as a patio or parking space. The case,… More >

CFPB files amicus brief in US Supreme Court FDCPA case

Posted in Debt Collection

The CFPB, jointly with the FTC and Justice Department, has filed an amicus brief in the U.S. Supreme Court supporting the consumer’s position in Marx v. General Revenue Corp.  In May, the Supreme Court agreed to hear the case and decide whether the Fair Debt Collection Practices Act allows an award of costs to the prevailing defendant… More >