Amicus program

The Bureau, joined by the Federal Trade Commission, filed an amicus brief with the U.S. Court of Appeals for the Third Circuit arguing that when a consumer reporting agency forwards a consumer’s dispute to the company that furnished the disputed information, the furnisher is required to conduct an investigation. There is no exception to this requirement for disputes that are frivolous or lack adequate support.

The Bureau, joined by the Federal Trade Commission, filed an amicus brief with the U.S. Court of Appeals for the Second Circuit arguing that (1) the Fair Credit Reporting Act (FCRA) requires credit reporting agencies to follow reasonable procedures to ensure that consumer reports are both legally and factually accurate, (2) a credit reporting agency’s reliance on information provided by a furnisher does not absolve it of potential liability under this provision of the FCRA.

The Bureau filed an amicus brief with the U.S. Court of Appeals for the Eleventh Circuit arguing that (1) the Fair Credit Reporting Act requires furnishers to conduct reasonable investigations of both legal and factual questions posted in consumer disputes, and (2) each time a furnisher fails to reasonably investigate a dispute results in a new statutory violation, with its own statute of limitations.

The Bureau filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit arguing that Regulation X requires a mortgage loan servicer to respond to a borrower’s request for information regarding the borrower’s loan, including when the information requested does not relate specifically to servicing.

The government filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit arguing that the Military Lending Act covers a loan issued to a servicemember when it is used to finance both the purchase of a vehicle and the purchase of a GAP insurance policy.