We welcome your suggestions of pending cases that might make good candidates for the amicus program.
A case that is a strong candidate typically meets both of these criteria:
Has already been or will soon be filed in a federal court of appeals or state supreme court. We do not accept requests for U.S. Supreme Court briefs as those briefs are filed by the Office of the Solicitor General.
Presents one or more important legal questions about the interpretation or application of a federal consumer financial protection statute or regulation that we interpret and enforce.
We strongly encourage you to review our FAQs for more information about requesting an amicus brief.
Explanation of why you believe we should file an amicus brief in this case,
Current status of the litigation, and
Your contact information
Frequently asked questions
Before submitting your request, we strongly recommend you read our frequently asked questions about the process, especially if you’re not an attorney.
Submit an email with the information above. Every email we receive is reviewed by one of our attorneys to see if it is the type of case we should be involved in. We consider many factors in deciding whether to participate in a private case, so we cannot offer any promises about whether we will file a brief in your case.
Some things we take into account when considering cases:
We generally get involved only if a case is about one of the federal laws that the CFPB is responsible for implementing. There are some federal laws relating to consumer finance that the CFPB does not implement. We also do not implement state laws. If you do not know whether the CFPB implements the law at issue in your case, you can still submit a request. It will be reviewed by one of our attorneys.
We typically get involved only if a case is on appeal. We are most interested in cases that are filed with federal appellate courts or state supreme courts because their decisions create precedent that many courts will follow. If your case is still before a trial court (usually presided over by a single judge), it is less likely that we will get involved.
We generally get involved only if a case raises a specific legal issue on which we can provide useful input. In many cases, the dispute in a case will be about the facts rather than about the law. We do not weigh in on purely factual disputes.
Yes. Once you email amicus@consumerfinance.gov, you will receive an email acknowledging that we received your request. In some cases, we will also let you know whether or not we have decided to participate in your case. Because our internal review process can often be lengthy, you may not hear back from us for some time.
You should make decisions about your case as you normally would. You should not make any decisions with the expectation that the CFPB will file an amicus brief in your case. We do not file briefs in many of the cases that are referred to the CFPB’s amicus program.
If the CFPB files an amicus brief, it means that we believe the court would benefit from hearing our views about one or more legal issues presented in your case. Our views may or may not line up exactly with yours. You have the right to present your own view of the law to the court even if you disagree with us.
Even if we decide to file an amicus brief in your case, the CFPB cannot act as your lawyer or provide you with legal assistance. We typically will participate in only some issues and stages of your case. When our attorneys present the CFPB’s views to the court, they speak only for the CFPB and do not represent you or any other party in the case.
Unfortunately, no. The CFPB cannot represent you in your individual legal case. If you need an attorney, contact your county bar association for a referral. If you need a lawyer and cannot locate one that you can afford, the CFPB’s website provides information about state legal aid programs. Those programs provide information about finding an attorney and obtaining legal assistance.
The amicus program is designed to help the courts correctly interpret federal consumer financial law. This program does not assist individual consumers in their litigation with financial companies, even in cases in which the CFPB files an amicus brief.
The CFPB has many different programs to implement and enforce the law and to protect consumers. If you have an issue with a financial product, you can submit a complaint to the CFPB. We’ll work to get you a response – generally within 15 days.