Center for Responsible Lending is a non-profit policy, advocacy, and research organization dedicated to exposing and eliminating abusive practices in the market for consumer financial services. Public Justice is a national public interest legal organization, specializing in precedent-setting, socially significant civil litigation, with a focus on fighting to preserve access to justice for victims of corporate and governmental misconduct.
In a recent case, Barbara Fawcett vs. Citizens bank, N.A., Fawcett is seeking a panel rehearing or en banc hearing in the First Circuit Court of Appeals. They argue the decision was a misapplication of Auer v. Robbins, 519 U.S. 452 (1997). This misapplication presents a question of exceptional importance concerning how and when federal courts should or must defer to administrative agency statements. Bryan Gowdy filed a brief of amici curiae in support of Fawcett's motion for rehearing and rehearing en banc arguing the court should immerse itself into the "regulatory text and history," to interpret the words in 12 U.S.C. § 85 and grant rehearing or rehearing en banc and vacate the panel's opinion.