Briefs and Comments

Center Files Amicus Brief Explaining Consumers’ Ability To Recover Attorneys’ Fees In Cases Against Holders Of Credit Contracts

November 17, 2021

The Center filed an amicus brief in Pulliam v. HNL Automotive, a case before the California Supreme Court that will determine whether defrauded consumers may collect attorneys’ fees against third-party finance companies pursuant to the...

Center Files Amicus Brief in CA Supreme Court Defending False Advertising Statutes in Case Involving Posthumous Michael Jackson Album

December 14, 2020

On Friday, the Center filed an amicus brief in the California Supreme Court in Serova v. Sony, a case that threatens to undermine the state’s deceptive advertising laws. Increasingly, commercial defendants in false advertising cases have been filing anti-SLAPP motions, claiming that their free speech rights are being threatened. The irony of these claims is...

Center Files Amicus Brief To Support Prop 65 Warnings on Glyphosate – and the Government’s Ability to Inform the Public About Health Dangers

February 19, 2021

The Center, along with Berkeley Law professor Claudia Polsky, filed an amicus brief in National Wheat Growers Association v. Becerra, a case challenging California’s Prop 65 warning requirement on products containing glyphosate. Glyphosate is the main ingredient in Monsanto’s weed-killer, Roundup, and has been identified by the International Agency for Research on Cancer as a probable carcinogen. The Center supported the State...

Center Highlights Racial Inequities in SCOTUS Amicus Brief in Case Against TransUnion

March 23, 2021

On March 10, 2021, the Center joined an amicus brief in the Supreme Court of the United States in TransUnion v. Ramirez in support of class action plaintiffs who sued TransUnion because their credit reports were cross-referenced with a terrorist list based only on their names. The Housing Clinic of Jerome N. Frank Legal Services...

Center Files Brief in Ninth Circuit in Zabriskie v. Fannie Mae

April 10, 2019

In March the Center filed an amicus brief in the Ninth Circuit in Zabriskie v. Federal National Mortgage Association, a case centering on the question of whether companies using automated consumer information software should be subject to regulation under the Fair Credit Reporting Act. In the Center’s brief, Executive Director Ted Mermin and 2L Hanne Jensen argued for a rehearing of the case en banc, noting that the lack of clarity left by the Court’s recent split decision leaves consumers vulnerable. The brief ...

Center Files Amicus Brief in OCC True Lender Case

January 15, 2021

Just before the holiday season last year, the Center filed an amicus brief on behalf of Professor Adam J. Levitin of Georgetown Law in People of the State of California, et al. v. The OCC to support a challenge to the OCC’s “valid-when-made” rule. The rule — if allowed to stand — will deliver...

Center Joins Amicus Brief in Supreme Court Case to Defend FTC’s Ability to Get Restitution for Consumers

December 8, 2020

On December 7, 2020, the Center joined a coalition of consumer advocates in an amicus brief filed in support of the Federal Trade Commission in FTC v. AMG Capital Management, a critical case pending before the U.S. Supreme...