As I previously reported, on March 10, 2014, the U.S. Supreme Court invited the Solicitor General to file a brief expressing the views of the United States in Bank of America, N.A. v. Rose, No. 13-662. The cert. petition seeks to overturn the California Supreme Court's decision in Rose v. Bank of America, N.A., 57 Cal.4th 390 (2013) (discussed here).
On May 27, 2014, the Solicitor General filed a brief recommending that the cert. petition be denied. The brief expresses the view that the California Supreme Court's ruling was correct and that it does not conflict with any federal appellate opinions. The brief also points out that the ruling is interlocutory only.
The general counsel of the Consumer Financial Protection Bureau is a signatory to the brief along with the Solicitor General's office. As explained on page 2, the CFPB is the agency currently empowered to adopt regulations to carry out the purpose of the federal Truth in Savings Act, which is implicated in Rose. That agency appears to have no problem with the idea that California may have a parallel enforcement scheme.
See this blog post for links to the cert. petition and other briefs filed in the U.S. Supreme Court. My original post on Rose is here.
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