Briefs and Comments

Center Files Amicus Brief Defending the CFPB on Behalf of 90 State & Local Nonprofit Organizations

May 15, 2023

Writing on behalf of 90 state and local nonprofit organizations, the UC Berkeley Center for Consumer Law & Economic Justice today filed an amicus brief in the United States Supreme Court arguing that the Consumer Financial Protection Bureau’s independent funding mechanism does not violate the Appropriations Clause of...

The Supremes – and the Center – Take on Student Debt Relief

March 1, 2023

Yesterday, the U.S. Supreme Court heard oral arguments in two cases that will decide the fate of President Biden’s plan to cancel student debt for over 40 million Americans. The two lawsuits, Biden v. Nebraska and Department of Education v. Brown, challenge the Secretary of Education’s statutory authority to issue widespread debt relief under the 2003 Higher Education Relief Opportunities (HEROES) Act. The Center filed ...

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...

Serova v. Sony decided!

August 19, 2022

Spoiler alert: The consumers win.

The California Supreme Court has decided a significant case upholding the state’s consumer protection statutes against a First Amendment challenge, giving a boost to both advocates for honesty in advertising and Michael Jackson fans.

The case arose when one such fan filed a lawsuit against Sony alleging that three of the nine songs on the posthumous album Michael were not actually sung by the King of Pop. The court of appeal held that the plaintiff’s false advertising claims violated Sony’s free speech rights, a ruling that called into...

Center Files Amicus Brief in U.S. Supreme Court Supporting Student Debt Cancellation

January 12, 2023

Last August, the Biden Administration announced a landmark plan to cancel up to $20,000 in federal student loan debt for millions of borrowers. The plan was hailed as a way for former students to finally get out...

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...