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Amicus Brief Against Delay of Payday Rule Compliance Date

June 12, 2018
Payday and Other Small Dollar Loans
Amicus Brief

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 a stay of the rule’s compliance date, the parties rely on the Administrative Procedure Act (APA), 5 U.S.C. § 705. Because section 705 does not authorize a stay in the circumstances of this case and because the Court lacks adversarial presentation on the issue, amici consumer-advocacy groups offer this amicus curiae memorandum to fill in the gaps left by the parties and to explain why the parties cannot properly achieve through a stay the indefinite postponement of the regulation. Instead, if the CFPB wants to delay the compliance date of its own regulation, it must follow the APA’s procedures for agency rulemaking. Continue reading the brief.