Amicus Brief Argues CFPB Overreached in Enforcement Action Against Auto Lender


On August 21, a group of trade organizations filed an amicus brief in support of a motion to dismiss filed by a subprime auto lender that is the target of a joint enforcement action brought by the CFPB and the New York State Office of the Attorney General in the Southern District of New York. The underlying complaint alleges that the auto lender misrepresented costs in loan agreements and tricked customers into high-cost loans on used cars in violation of the CFPA and New York usury limits (see previous blog post here). In particular, the complaint alleges that: (1) the auto lender’s business model allegedly incentivizes vehicle dealers to inflate vehicle prices so that the true finance charges in the retail installment contracts that dealers originate are hidden from consumers; and (2) the lender fails to assess consumers’ ability to pay prior to extending credit. 

The amici advance two primary arguments against the CFPB’s case and in support of the auto lender’s motion the dismiss:

The brief further highlights that, if permitted to proceed past the pleading stage, the CFPB’s theories could have widespread chilling effects in the auto finance industry and beyond.

Putting it into Practice: As expected, the Supreme Court’s Loper decision has already begun to feature prominently in challenges to agency action (as previously discussed here). The trade associations’ amicus brief is noteworthy in that in previews how litigants may use Loper not only as a sword to challenge agency rulemaking, but also as a shield in defending against agency enforcement actions.

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National Law Review, Volume XIV, Number 243