Amicus Brief Regarding Lacewell v OCC 2nd Circuit

From the amicus brief: This case concerns the authority of the Office of the Comptroller of the Currency (OCC) to extend the privileges of national banks to entities that do not accept deposits and are not banks in any traditional or legal sense. The foremost reason why non-banks will seek out a “special purpose national bank” is to take advantage...

Defending the Constitutional Structure of Consumer Financial Protection Bureau

Download the amicus brief submitted by the Center for Responsible Lending (CRL) and Cohen Milstein Sellers & Toll PLLC (Cohen Milstein) to the United States Supreme Court in the case of Seila Law LLC v. Consumer Financial Protection Bureau  (CFPB) on behalf of their clients, community development financial institutions (CDFIs) Self-Help Credit Union, Hope Enterprise Corporation / Hope Credit Union...

Amicus Brief in Support of Pennsylvania Attorney General Josh Shapiro’s Lawsuit Against Navient Corporation

Currently in the United States, approximately 43 million people owe over $1.4 trillion on their federal student loans. Americans owe more in student loan debt than for auto loans, credit cards, or any other non-mortgage debt.2 Student loan servicers play a critical role in these borrowers’ financial lives, from receiving and applying payments to interacting with struggling borrowers to facilitate...

Amicus Brief in Support of D.C.’s right to Pass Laws Protecting Against Abuse of Student Loan Repayment Plans

The brief filed in Student Loan Servicing Alliance v. Taylor, et al. urges the court to reject the plaintiff loan servicer association’s “federal preemption” argument, which claims that existing federal law bars states and the District from engaging in any regulatory oversight of loan servicers. As the brief highlights, this preemption argument is legally unfounded and unwise. In fact, D.C.’s...

Court Rejects Mulvaney & Payday Lenders' Joint Motion to Delay Payday Rule

Before the court in the above styled and numbered cause is the parties' Joint Motion for Stay of Litigation and Stay of Agency Action Pending Review filed May 31, 2018 (Clerk's Document No. 16). By the motion the parties move the court for the following: (1) a stay of this litigation pending agency rulemaking to reconsider Defendant Consumer Financial Protection...

Amicus Brief Against Delay of Payday Rule Compliance Date

On May 31, 2018, the parties to this action filed a joint motion asking the Court to stay both this litigation and the principal compliance date of the Consumer Financial Protection Bureau (CFPB)’s regulation on payday, vehicle title, and certain high-cost installment loans, 12 C.F.R. part 1041 (“Payday Rule”), at issue in the case. In support of their request for...

Amicus Brief: CFPB Deputy Director Leandra English Appeals the Denial Of A Preliminary Injunction

Ten groups filed this amicus brief in support of the continued independence of the Consumer Financial Protection Bureau. This brief appeals the trial court’s denial of a preliminary injunction allowing Leandra English to serve as acting director of the CFPB. The litigation regarding whether the lawful acting director is English or U.S. Office of Management and Budget Director Mick Mulvaney...

Amicus Brief in Roberts v. Capital One Financial Corporation

The Center for Responsible Lending (CRL), National Consumer Law Center (NCLC), and New Economy Project filed an amicus brief in Roberts v. Capital One Financial Corporation, in support of the plaintiff, Tawanna M. Roberts, against Capital One’s misleading overdraft fee practice. In the brief, submitted earlier this month, the group urged the U.S. Court of Appeals for the Second Circuit...