The Bureau filed an amicus brief addressing how to interpret the term “servicer,” as defined in RESPA and its implementing regulation, in the common event that the right to service a consumer’s mortgage loan is sold or transferred between companies.
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 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.
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.
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 Bureau filed an amicus brief addressing the applicability of the E-SIGN Act to electronically delivered validation notices under the FDCPA.
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.