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Filed briefs

Amicus briefs filed by the CFPB are available on this page, including amicus briefs concerning federal consumer financial protection law filed in the U.S. Supreme Court by the Office of the Solicitor General.  

Use the filters below to browse by date, statute, and the court in which the brief was filed.

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54 filtered results
Category: Federal Circuit Court |
Date filed

Mohamed v. Bank of America, N.A.

U.S. Court of Appeals for the Fourth Circuit

The Bureau filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit arguing that EFTA’s protections for people who experience errors in their accounts apply to prepaid accounts loaded with government benefits, including unemployment assistance related to the pandemic.

Category: Federal Circuit Court |
Date filed

Holden v. Holiday Inn Club Vacations Inc. and Mayer v. Holiday Inn Club Vacations Inc.

U.S. Court of Appeals for the Eleventh Circuit

The Bureau filed an amicus brief with the U.S. Court of Appeals for the Eleventh Circuit, in two related cases, arguing that the Fair Credit Reporting Act requires an entity that furnishes credit information to a consumer reporting agency (CRA) to perform a reasonable investigation when a consumer disputes the accuracy of information furnished to the CRA, even if the dispute could be characterized as a legal, rather than factual, dispute.

Category: Federal Circuit Court |
Date filed

Lyons v. PNC Bank, N.A.

U.S. Court of Appeals for the Fourth Circuit

The Bureau filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit arguing that a Truth in Lending Act protection that prohibits banks from taking money from a borrower’s checking or savings account to cover amounts the consumer owes on certain types of debts covers home-equity lines of credit linked to a credit card.

Category: Federal Circuit Court |
Date filed

Louis v. Bluegreen Vacations Unlimited, Inc.

U.S. Court of Appeals for the Eleventh Circuit

The Bureau, joined by the Federal Trade Commission, filed an amicus brief with the U.S. Court of Appeals for the Eleventh Circuit arguing that an American servicemember and his wife who took out a loan to purchase a timeshare have Article III standing to challenge the legality of the loan under the Military Lending Act. The brief argues that the plaintiffs have standing because they were injured when they made a down payment on the loan and their injury is both traceable to the loan and redressable by an order of the court.

Category: Federal Circuit Court |
Date filed

Ingram v. Waypoint Resource Group, LLC

U.S. Court of Appeals for the Third Circuit

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.

Category: Federal Circuit Court |
Date filed

Sessa v. Trans Union, LLC

U.S. Court of Appeals for the Second Circuit

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.

Category: Federal Circuit Court |
Date filed

Milgram v. JPMorgan Chase

U.S. Court of Appeals for the Eleventh Circuit

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.

Category: Federal Circuit Court |
Date filed

McCoy v. Wells Fargo Bank, N.A.

U.S. Court of Appeals for the Ninth Circuit

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.

Category: Federal Circuit Court |
Date filed

Henderson v. The Source for Public Data, L.P., et al

4th Circuit Court of Appeals

The Bureau, the Federal Trade Commission, and the North Carolina Department of Justice jointly filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit arguing that Section 230 of the Communications Decency Act does not bar a private plaintiff's claims under the Fair Credit Reporting Act.

Category: Federal Circuit Court |
Date filed

Gross v. CitiMortgage

9th Circuit Court of Appeals

The Bureau filed an amicus brief arguing that the Fair Credit Reporting Act does not exempt “legal disputes” from its requirement that furnishers of information to consumer reporting agencies must reasonably investigate disputes about information they furnished.

Category: Federal Circuit Court |
Date filed

Hopkins v. Collecto, Inc. et al.

3rd Circuit Court of Appeals

The Bureau filed an amicus brief with the U.S. Court of Appeals for the Third Circuit arguing that a debt collector does not violate the Fair Debt Collection Practices Act when it accurately states in an itemization of a consumer’s debt that $0.00 in interest and collection fees have been applied to the debt.

Category: Federal Circuit Court |
Date filed

Commonwealth of Pennsylvania v. Navient Corp.

3rd Circuit Court of Appeals

The Bureau filed a brief in the Third Circuit arguing that section 1042 of the Consumer Financial Protection Act, which permits states to bring actions to enforce the CFPA, does not prohibit a state from bringing an action against a defendant merely because the Bureau has already brought an action against the same defendant.

Category: Federal Circuit Court |
Date filed

Preston v. Midland Credit Management

7th Circuit Court of Appeals

In response to the 7th Circuit’s invitation, the Bureau filed an amicus brief arguing that there is no “benign language” exception to the Fair Debt Collection Practices Act’s prohibition on debt collectors “using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.” 

Category: Federal Circuit Court |
Date filed

Bender v. Elmore & Throop, P.C.

4th Circuit Court of Appeals

The Bureau filed an amicus brief addressing the one-year statute of limitations in the Fair Debt Collection Practices Act. The brief argued that the FDCPA’s statute of limitations does not bar consumers from suing to challenge violations that occurred in the prior year, even if the defendant previously committed similar violations that are outside the limitations period.