Amicus Brief

This is a 2023 Amicus Brief before the Second Circuit in Olivieri v Stifel, Nicholas & Co arguing that the plain language of a Servicemembers Civil Relief Act (SCRA) amendment requires that class actions alleging SCRA violations be able to proceed in court despite an arbitration requirement or class action waiver.  The amicus brief was submitted by Public Justice, the  American Association for Justice, and the New York Chapter of the National Employment Law Association in support of the plaintiff/appellee.

The Fair Debt Collection Practices Act (FDCPA) is a federal consumer financial protection law that aims to protect consumers from a host of harmful debt-collection practices. As relevant here, the Act prohibits debt collectors from collecting any amount unless the amount is expressly authorized by the agreement that created the debt or permitted by law.

NCLC Amicus Brief on a Cy Pres-Only Distribution

This 2024 FDIC Amicus Brief in National Association of Industrial Bankers v. Weiser (D. Colo. Apr. 23, 2024) supports Colorado's legislation opting out of out-of-state, state banks' ability to export their home state rate caps to Colorado.

This is a 2023 amicus brief filed by EPIC and NCLC in a TCPA case asking the Ninth Circuit to rehear en banc the opinion below in Borden v. eFinancial, LLC, 53 F.4th 1230 (9th Cir. 2022).  The amicus brief argues that the opinion unnecessarily guts the autodialer restriction. By inserting the phrase “number” into “random or sequential number generator,” the Borden decision ensures that the autodialer restriction will no longer cover the most common automated dialing equipment.

This is an amicus brief submitted by the CFPB and FTC in support of the plaintiffs in Glover v. Ocwen Loan Servicing, LLC before the Eleventh Circuit , filed February 27, 2024.   The brief argues in support of an  FDCPA  § 1692f(1) violation  where debt collectors charge a  fee on top of the consumer's payment to the collector (pay-to-pay fees) since the fees are not authorized by contract or law.  The  FDCPA violation does not apply  only to fees incidental to the debt.

This is a January 2, 2024, CFPB amicus brief before the First Circuit arguing that FDCPA Section 1692e’s prohibition on false, deceptive, or misleading representations is not limited to intentional or knowing representations.

This CFPB Amicus Brief before the Seventh Circuit in Hopkins v. Collecto deals with whether a debt collector violate the FDCPA by accurately stating that the debt it is seeking to collect includes $0.00 in interest and collection fees, including when interest and collection fees are not currently accruing.

This CFPB amicus brief before the Seventh Circuit in DeGroot v. Client Services deals with two questions. 1. Does a debt collector violate the FDCPA by accurately itemizing the interest and fees that are included in a debt it is seeking to collect, including when the interest and fees are $0.00?   2. Does a debt collector violate the FDCPA by accurately disclosing as part of a time-limited settlement offer that interest will not be charged

while the collector services the consumer’s account?