Briefs and Comments

Center Files Amicus Brief Endorsing The Economic Analysis Undergirding the FTC’s CARS Rule.

June 4, 2024

If you’ve ever purchased a car, you know that it is one of the most complicated, frustrating, and opaque consumer transactions—and one that is rife with junk fees and deceptive sales tactics. The Federal Trade Commission recently issued a landmark regulation, the Combating Auto Retail Scams (CARS) Rule, to tackle these problems and to mandate transparency and fairness in the vehicle buying process. And as the Center explained in an...

Appellate Court Rejects Challenge To Critical Program For Student Borrowers

May 24, 2024

With help from the Center and our partner the Student Borrower Protection Center, last week student loan borrowers scored a major victory preserving the Department of Education’s Income-Driven Repayment (IDR) and Public Service Loan Forgiveness programs. The Sixth Circuit Court of Appeals threw out a challenge to these programs, which benefit borrowers who have endured years, even decades, of mismanagement of their student loans.

The Center and SBPC filed an...

CFPB Preserved! Center Hails SCOTUS Decision Upholding CFPB’s Independent Funding Mechanism

May 16, 2024

Today, the U.S. Supreme Court upheld the independent funding structure of the federal Consumer Financial Protection Bureau (CFPB), ensuring that an agency that has returned more than $20 billion in wrongly-taken money to American consumers in the past dozen years will be able to continue doing the work it was designed to do.

The Court’s ruling rejected a challenge by the payday loan industry to the Bureau’s funding structure. Under the 2010 Dodd-Frank Act, the Bureau requests its annual funding not from Congress — like...

Center Files Amicus Brief Challenging Third-Parties’ Attempts to Enforce Arbitration Agreements They Never Signed

May 7, 2024

Yesterday, the Center, along with a cavalcade of prominent consumer, worker and advocacy organizations, filed an amicus brief urging the California Supreme Court to implement recent decisions of the U.S. Supreme Court and reject an arbitration-specific version of equitable estoppel that allows corporate defendants to enforce arbitration clauses against consumers with whom they never signed a contract....

Center Files Amicus Brief Challenging Contract Terms That Strip Consumers Of Their Rights

April 4, 2024

Yesterday, the Center, along with our co-counsel – Consumers for Auto Reliability and Safety (CARS), California Association for Microenterprise Opportunity (CAMEO), East Bay Community Law Center, Impact Fund, Legal Aid At Work, Privacy Rights Clearinghouse, and Public Justice – filed an amicus brief ...

Published Justice Project Helps Ensure Precedential Victory for Elderly Victim of Home Solar Fraud

March 4, 2024

At the urging of the Center on behalf of nine legal services and consumer advocacy organizations, along with the plaintiffs, the California Court of Appeal has ordered publication of its recent decision in Jones v. Solgen Construction, LLC The previously unpublished decision – which may now be cited – provides guidance to courts and litigants in addressing the growing problem of fraud in door-to-door residential solar panel sales.

At...

US Supreme Court Rules Unanimously That the Federal Government Can Be Held Accountable for Credit Reporting Violations

February 9, 2024

It’s not often these days that consumer advocates can cheer a decision from the U.S. Supreme Court, but that’s what we’re doing today after the Court held unanimouslyon Thursday, in USDA Rural Development Rural Housing Service Inc. v. Kirtz, that consumers may sue the federal government if it provides false or inaccurate information to credit reporting agencies.

The Center, along with the National Consumer Law Center,...

Victory! Court Upholds California Regulations Protecting Small Businesses from Predatory Lending

December 13, 2023

Last week, a federal court in Los Angeles upheld regulations promulgated by the California Department of Financial Protection and Innovation (DFPI) that require sales-based financing providers to disclose their products' APR and other costs to borrowers, typically small businesses and micro-entrepreneurs. The Center, along with our co-counsel Public Counsel and fellow amici California Association for Microenterprise Opportunity (CAMEO), Responsible Business Lending...

Center Files Amicus Brief Supporting Price Transparency in Small Business Lending

October 10, 2023

The Center, along with our co-counsel Public Counsel, California Association for Microenterprise Opportunity, the Responsible Business Lending Coalition, and the Office of Kat Taylor, filed an amicus brief in the Central District of California in support of a California Department of Financial Protection and Innovation (DFPI) regulation requiring sales-based financing providers to disclose their APRs and...

Center Files Amicus Brief Supporting Greater Access to Justice for Consumers Facing Debt Collection Judgments

July 24, 2023

Last week, the Center, along with our co-counsel Bay Area Legal Aid and OneJustice and ten other legal services organizations, filed an amicus brief urging the California Supreme Court to ensure that consumers with debt collection lawsuits can have their day in court when they...