Many readers probably remember Edwards v. First American Financial Corp. for its ill-fated journey to the U.S. Supreme Court. The Supreme Court had granted certiorari to decide the issue of whether a plaintiff who brings a RESPA claim has Article III standing to recover statutory damages in the absence of any actual damages caused by the alleged RESPA violation. … Continue Reading
amicus brief
CFPB files amicus brief in Fifth Circuit TILA case
By Barbara S. Mishkin on
Posted in CFPB General, Regulatory and Enforcement
The CFPB has filed an amicus brief in Billings v. Propel Financial Services, LLC, a case on appeal to the U.S. Court of Appeals for the Fifth Circuit. The issue in the case is whether a private lender extends“consumer credit” under TILA by providing loans to consumers for the purpose of paying residential property taxes.… Continue Reading
Supreme Court rejects CFPB position in FDCPA case
By Barbara S. Mishkin on
Posted in Debt Collection, Regulatory and Enforcement
A prevailing defendant in a Fair Debt Collection Practices Act case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court has ruled in Marx v. General Revenue Corp. The Supreme Court rejected the plaintiff’s argument that a court’s authority to award costs under Federal Rule of Civil Procedure 54(d) was superseded by the FDCPA’s cost provision to only allow a court to award costs if such a finding is made.… Continue Reading
CFPB amicus brief policy needs transparency
By Alan S. Kaplinsky on
Posted in CFPB General, Regulatory and Enforcement
This past Friday, Rachel Rodman, a lawyer at the CFPB, described the CFPB’s new amicus brief policy during a presentation she made at the ABA Annual Meeting in Chicago.
During the Q&A segment, I urged the Bureau to do two additional things which might create more transparency and help to allay industry suspicion that the CFPB will always align itself against the industry.… Continue Reading
CFPB seeks suggestions for its amicus brief program
By Barbara S. Mishkin on
Posted in CFPB General, Regulatory and Enforcement
In a post on its blog, the CFPB writes that it’s looking for suggestions for cases in which the CFPB should consider filing amicus briefs. The post describes the six amicus briefs filed so far by the CFPB, four of which were in Truth in Lending cases and two of which were in Fair Debt Collection Practices Act cases. … Continue Reading
U.S. Supreme Court labor law decision carries message for CFPB amicus filings
By Barbara S. Mishkin on
Posted in CFPB General, Regulatory and Enforcement
Although it dealt with the Department of Labor’s (DOL) interpretation of a Fair Labor Standards Act (FLSA) regulation, the U.S. Supreme Court’s decision issued earlier this week in Christopher v. Smithkline Beecham Corp. has significant implications for the CFPB’s approach to amicus brief filings.
In announcing in March that it had filed an amicus brief in a 10th Circuit TILA rescission case, the CFPB stated that it was committed to filing amicus briefs in cases involving the federal consumer financial protection laws it oversees. … Continue Reading
CFPB files amicus brief in TILA appeal
By Martin C. Bryce, Jr. on
Posted in Mortgages, Regulatory and Enforcement
On March 26, the CFPB filed an amicus brief in an appeal involving the Truth in Lending Act before the Tenth Circuit. The question presented in Rosenfield v HSBC Bank, USA is whether a lawsuit seeking rescission is timely where the consumer provided notice of rescission to the lender within three years of closing but did not file suit until after the three-year deadline had passed. … Continue Reading