Argued that the Fair Debt Collection Practices Act’s bona fide error defense was not intended by Congress to apply to mistakes of law by debt collectors. Since the bankruptcy court’s error in confirming a Ch. 13 plan discharging a portion of the student loan debt without first finding undue hardship in an adversary proceeding was…
Read More about Amicus Brief in United States Aid Funds, Inc. v. Espinosa
Brief of the National Consumer Law Center as Amicus Curiae in Support of New York Legal Assistance’s Motion for Summary Judgment
The National Consumer Law Center submitted an amicus brief, joined by Consumer Reports and the Consumer Federation of America, to the U.S. Supreme Court in opposition to Facebook’s proposal that the definition of an automated dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA) encompass only equipment that generates and automatically dials random or…
This brief supports the 9th Circuit’s ruling that the Dodd-Frank Act provision providing that the Director of the CFPB only can be terminated by the President for-cause is constitutional.
Brief of the ACLU of Northern California, East Bay Community Law Center, and National Consumer Law Center in support of Plaintiff’s motion for preliminary injunction.
NCLC joined Center for Responsible Lending, East Bay Community Law Center, National Association for Community Asset Builders, and the National Coalition for Asian Pacific American Community Development in support of the plaintiffs’ petition to the U.S. District Court for Northern California.
Read More about Amicus Brief in People of California v. Office of the Comptroller of the Currency
NCLC joined AARP, Consumer Federation Of America, Indiana Legal Services, Inc., and The Sargent Shriver National Center On Poverty Law in an amicus brief primarily prepared by Public Citizen and the Center For Responsible Lending in support of the Indiana Attorney General’s certiorari petition to the U.S. Supreme Court. Indiana, which regulates auto-title lending, sought to apply its law to title loans made by Illinois lenders to Indiana residents when the loans were advertised in Indiana and the lenders registered liens in Indiana and repossessed cars in Indiana– but the loan contracts themselves were signed over the border in Illinois.
NCLC joined an amicus brief with Better Markets and CRL. The issue presented in Liu is whether the SEC has the ability to order disgorgement as a remedy in its cases under the explicit equitable authority granted by its enabling statute.