The Solicitor General and the Bureau filed a brief in the Supreme Court in Obduskey v. McCarthy & Holthus, LLP, arguing that actions that are legally required to carry out a nonjudicial foreclosure are generally not debt collection regulated under the Fair Debt Collection Practices Act.
The CFPB is responsible for implementing many federal laws that relate to consumer finance. Courts sometimes apply those same laws to resolve disputes between private parties. In some cases, we believe a court would benefit from hearing our views on what the law says.
The amicus program is how we share our views with to the court. (“Amicus” is shorthand for “Amicus curiae”, Latin for “friend of the court.”) Our amicus briefs provide the courts with the CFPB’s views on significant consumer financial protection issues and help ensure that consumer financial protection statutes and regulations are correctly and consistently interpreted.
Recently filed amicus briefs
The Bureau filed an amicus brief addressing the applicability of the E-SIGN Act to electronically delivered validation notices under the FDCPA.
The Bureau filed an amicus brief supporting a business entity’s ability to state an ECOA discrimination claim and arguing that regulations issued pursuant to ECOA reasonably interpret the term “applicant” to encompass guarantors.
The Bureau filed an amicus brief urging the Federal Circuit to conclude that a trial court injunction barring the Department of Education from assigning debt collectors to loans in default is inconsistent with the public interest.
The Bureau filed an amicus brief supporting application of the FDCPA to judicial foreclosure proceedings that can lead to a deficiency judgment.
Suggest a case
We welcome your suggestions of cases that might make good candidates for the amicus program. We strongly recommend that you read our FAQs before submitting your request, especially if you are not an attorney.