Briefs and Comments

Center Files Comment to CFPB on Disclosures in Debt Collection Practices (Regulation F)

August 3, 2020

The CFPB requested comments on its draft rule regarding debt collection practices under the Fair Debt Collection Practices Act. The Center filed a comment emphasizing the need for those disclosures to be strengthened in order to achieve the goals that the CFPB identified. Read the comment here.

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 and EBCLC File Comment on AI/Machine Learning and Equal Credit Opportunity Act

December 1, 2020

The Center and the East Bay Community Law Center filed a joint comment responding to the CFPB's request for information on the Equal Credit Opportunity Act (ECOA). Specifically, the comment responded to a question about the use of artificial intelligence and machine learning to determine creditworthiness of consumers. Without proper oversight, these algorithms pose a serious risk of discrimination — in violation of ECOA. Read the comment ...

Center Helps Author Comment to CFPB on Proposed Rule to Keep Adverse Information Off of Consumer Reports for Survivors of Human Trafficking

May 9, 2022

The Center joined a coalition of organizations to respond to a request for comments from the CFPB on the proposed rule that will keep information related to human trafficking off of survivors’ credit reports. The prohibition was added as Section 605C to the Fair Credit Reporting Act by the National Defense Authorization act (NDAA) of 2022. The comments generally agree with the CFPB’s proposals, while advocating for a number of tweaks to make the process as smooth as possible for survivors of trafficking. The comments also advocate that the Bureau use its authority under FCRA to...

Victory in the California Supreme Court: Pulliam v. HNL Automotive

May 27, 2022

In a case of national importance, the California Supreme Court has decided that consumers are entitled to recover attorneys' fees (in addition to any money they may have lost) in cases brought against deceitful lenders under the FTC Holder Rule. The court's opinion accords nicely with an amicus brief filed by the Center last November. You can r...

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 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...