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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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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

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: U.S. Supreme Court |
Date filed

Rotkiske v. Klemm

The Solicitor General and the Bureau filed a brief in the Supreme Court in Rotkiske v. Klemm, arguing that the one-year statute of limitations that applies to private actions under the Fair Debt Collection Practices Act begins to run when the violation occurs, not when the plaintiff discovers or should discover the alleged violation.

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.

Category: U.S. Supreme Court |
Date filed

Sheriff v. Gillie

The Fair Debt Collection Practices Act (FDCPA) excludes from the definition of “debt collector” an “officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties.”

Category: Federal Circuit Court |
Date filed

Hernandez v. Williams, Zinman & Parham, P.C.

9th Circuit Court of Appeals

The Fair Debt Collection Practices Act provides that “a debt collector” must send a consumer a notice containing important information about the consumer’s debt and rights either in “the initial communication” or “[w]ithin five days after the initial communication with a consumer in connection with the collection of any debt.” 15 U.S.C. § 1692g(a). 

Category: Federal Circuit Court |
Date filed

Buchanan v. Northland Group, Inc.

6th Circuit Court of Appeals

This case concerns the circumstances under which a debt collector may violate the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., by seeking to collect a debt for which the statute of limitations for initiating a collection action has expired. 

Category: Federal Circuit Court |
Date filed

Delgado v. Capital Management Services

7th Circuit Court of Appeals

This case concerns the circumstances under which a debt collector may violate the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., by seeking to collect a debt for which the statute of limitations for initiating a collection action has expired. 

Category: U.S. Supreme Court |
Date filed

Fein, Such, Kahn & Shepard, P.C. v. Allen

This case presents the question whether communications from debt collectors to consumers’ attorneys are categorically excluded from the coverage of the Fair Debt Collection Practices Act (FDCPA), which in relevant part prohibits debt collectors from engaging in “[t]he collection of any amount . . . unless such amount is expressly authorized by the agreement creating the debt or permitted by law.” 15 U.S.C. 1692f(1).