Litigation

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Obduskey v. McCarthy & Holthus L.L.P.

On March 20, 2019, the Supreme Court’s unanimous decision in Obduskey v. McCarthy & Holthus L.L.P. examined liability for violations of the Fair Debt Collection Practices Act (FDCPA) that are committed in non-judicial foreclosures. This webpage provides resources to consumer attorneys litigating FDCPA cases arising from foreclosures. This webpage will be updated as more materials [...]

Obduskey v. McCarthy & Holthus L.L.P.2019-07-18T13:58:41-05:00

Henson v. Santander

The Supreme Court on June 12 in Henson v. Santander Consumer USA Inc., __ U.S. __, 2017 WL 2507342 (June 12, 2017) held that debt buyers are not covered under the FDCPA’s second definition of debt collector because they do not collect debts owed to another. This webpage provides resources to consumer attorneys litigating cases [...]

Henson v. Santander2019-04-04T11:57:58-05:00

Spokeo, Inc. v. Robins

On May 16, 2016, the United States Supreme Court issued its decision  in the case of Spokeo v. Robins, establishing important parameters for Article III federal jurisdiction in statutory damages litigation. Eleven days later, on May 27, 2016, with the generous assistance of our supporters, NCLC was able to launch a new webpage for consumer [...]

Spokeo, Inc. v. Robins2019-02-25T11:11:44-05:00

Spokeo, Inc. v. Robins Relevant Court Decisions

Fair Credit Reporting Act  ||  Fair Debt Collection Practices Act Telephone Consumer Protection Act  ||  Other  Fair Credit Reporting Act Alston v. Experian Info. Solutions, Inc., Civil No. PJM 15-3558, 2016 WL 4555056 (D. Md. Aug. 31, 2016)Memorandum opinion granting three Defendants’ motions to dismiss in a case alleging violations of the Maryland Consumer Debt Collection Act, [...]

Spokeo, Inc. v. Robins Relevant Court Decisions2019-01-04T17:32:35-05:00

Spokeo, Inc. v. Robins Briefs

Fair Credit Reporting Act  ||  Fair Debt Collection Practices Act  ||  Truth in Lending and Mortgage Related  Telephone Consumer Protection Act  ||  Other  Sample briefs addressing Spokeo in consumer-side cases from around the nation are available below. Relevant briefs may be submitted to NCLC’s Director of Litigation Stuart Rossman at spokeo-upload@nclc.org. Please submit a Word version and [...]

Spokeo, Inc. v. Robins Briefs2019-01-04T17:32:36-05:00

Case Index – Closed Cases

Auto Finance Discrimination As co-counsel in a series of national class action lawsuits brought under the Equal Credit Opportunity Act, NCLC has successfully attacked racially discriminatory lending practices in the used (and new) car business, with settlements valued at well over $100 million. The cases, which were filed against some of the nation’s largest auto [...]

Case Index – Closed Cases2019-04-10T11:07:35-05:00

Litigation

Consumer Class Actions The definitive consumer bankruptcy treatise by Henry Sommer, the nation's leading consumer bankruptcy author. Subscribe Now! NCLC represents consumers in cutting-edge litigation that seeks to reform the rules of the marketplace.  We are interested in cases that will have a far-reaching impact and can benefit from our unique legal and policy expertise.  [...]

Litigation2019-04-11T12:20:01-05:00

Case Index – Open Cases

Criminal Justice Debt Crain & Serna v Accredited Surety and Casualty Co., et al., Case No RG1900-4509 Complaint and Press Release NCLC has filed a class-action lawsuit, with our partners at Lieff Cabraser Heimann & Bernstein LLP, Justice Catalyst Law, Public Counsel, and Towards Justice, in which we are challenging a scheme to inflate the [...]

Case Index – Open Cases2019-04-19T07:41:48-05:00

Co-Counseling with the National Consumer Law Center (NCLC)

Why Co-counsel With NCLC? NCLC sets an example for ethical, principled consumer law practices and encourages broader participation in such efforts by directly joining the litigation battle in partnership with new recruits as well as seasoned veterans. We offer a unique set of resources that can play a critical role in providing high quality representation [...]

Co-Counseling with the National Consumer Law Center (NCLC)2019-02-21T16:41:34-05:00

Litigation Project Guidelines

NCLC does not have the resources to receive and review complaints sent directly by consumers. Individuals seeking representation must obtain local counsel. For assistance finding a lawyer, click here. NCLC's litigation activities are restricted to consumer law matters only, focusing on cases where low-income or elderly consumers may benefit from NCLC's specialized expertise, particularly in [...]

Litigation Project Guidelines2019-02-15T12:11:53-05:00