Some of the little work that the Administration has authorized the CFPB to undertake has been motions to withdraw amicus briefs filed in pending cases.
In one case, though, a judge has in part rejected such a motion. In the case, Salom v. Nationstar Mortgage, the CFPB had filed an amicus brief explaining “explains why a contractual provision requiring notice and an opportunity to cure cannot be applied to the FDCPA claim, and why Nationstar violated the FDCPA by collecting payoff statement fees that were neither expressly authorized by the agreement creating the debt nor permitted by law.”
While allowing the CFPB to be terminated as an amicus in the case, and recognizing an advisory opinion relied upon in the brief was withdrawn, a Western District of Washington judge ordered that the brief would “remain on the docket as part of the public record and adjudicatory record,” and noted that “the Court may consider its contents to the extent they remain consistent with operative statutes, regulations, and case law.”
