Skidmore, Chevron and Loper. Oh my!

My petition for writ of certiorari to the United States Supreme Court is due October 7th.

There are many issues about debt collection that will come to light through briefing at the Supreme Court. It would be a blessing to have advocacy by a public or consumer protection law firm or organization, instead of working alone as a pro se litigant.

The question that is likely to receive cert compares the courts’ treatment of deference to regulatory agencies’ interpretations of statutes, with the vacuum around the interpretation of facts collected by the same regulatory agencies from laborious analysis of Civil Investigatory Demands.

Skidmore, Chevron and Loper Bright Enterprises all deal with the deference given to regulatory interpretations of statutory law written by Congress and regulations written by the agencies. No one (that I can find) has asked that deference be given to analysis of facts that are collected by public agencies, using public tax dollars. This analysis should belong to the People.

Judge Lee P. Rudofsky does not agree. He decided that an alleged debtor who complained that Portfolio Recovery Associates failed to vet the debt, could not rely on the analysis of PRA’s debt collecting practices that addressed portfolios purchased in the same timeframe as the alleged debt. PRA settled the lawsuit that arose from the CFPB’s investigation for over $20,000,000. Judge Rudofsky said there was no reasonable juror who could agree that PRA committed its bad behavior against the alleged debtor, me.

If you are willing and able to practice law in front of the United States Supreme Court or able to fund this effort, please contact me at bohemian_books@yahoo.com.