Case Index


Criminal Justice Debt

  • Pearson et al v Hodgson and Securus Technologies, Inc, Case No. 18-1360,  Complaint and Press Release
  • Egana v Blair's Bail Bonds, Inc. Case No. 2:17-cv-5899 First Amended Complaint
    Plaintiffs (who are accused criminal defendants) and others who agreed to indemnify the bail bond company in case of loss, filed this action on behalf of themselves and all individuals whose rights under federal and state law were violated when they contracted with Defendants for a bail bond to secure their own or their loved ones’ release from jail. The Amended Complaint describes the process through which Defendant bail bond company agreed to allow plaintiffs to finance the premium for the bond, but utilized contracts that violate the Truth in Lending Act, 15 U.S.C. § 1601 et seq. by failing to make necessary disclosures, and state contract, conversion, and usury laws by requiring payment of amounts above what state law allows, including paying daily fees for ankle monitors supplied by another company. The FAC also alleges that Defendants violated the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 (RICO) and the Louisiana Racketeering Act, La. Stat. Ann. § 15:1351, by conspiring to employ or contract with bounty hunters to kidnap, detain, and threaten to jail principals unless they or their loved ones paid money that was distributed between Defendants. NCLC's co-counsel are the Southern Poverty Law Center and the firm of Wilmer Hale

Reverse Mortgages

  • Floyd v Nationstar Mortgage, LLC, Case No. 16-CV-00835-CRC in the U.S. District Court for the District of Columbia. Complaint || Press Release
    The National Consumer Law Center, the Consumer Fraud & Financial Abuse Unit of Legal Counsel for the Elderly in Washington, D.C. (AARP) and the law firm of Tycko & Zavareei have filed a class action suit in the United States District Court for the District of Columbia on behalf of Retha Floyd and other similarly situated homeowners who have Home Equity Conversion (HECM) loans with Nationstar Mortgage d/b/a Champion Mortgage Company. The putative class consists of all U.S. residents who had a HECM loan with Champion Mortgage and whose accounts were assessed fees for property inspections more than once in a 30-day period.

Student Loans

  • National Consumer Law Center v U.S. Department of Education, April 19, 2018, Complaint and Press Release
    The National Consumer Law Center filed a lawsuit in the U.S. District Court for Massachusetts against the U.S. Department of Education for records related to its purported justification for delaying implementation of a rule to protect student loan borrowers from school fraud and abuse, including records of communications between agency officials and representatives of the for-profit college industry. NCLC filed a FOIA request for these records last summer and received limited, heavily redacted materials in response. NCLC asks the court to declare that the Department’s search was inadequate and its withholding of the records is unlawful, and to order the agency to make the requested records available without delay. Public Citizen is serving as co-counsel on the case.
  • Menendez v. DeVos and the US Department of Education, Complaint || Press Release
    The Legal Aid Foundation of Los Angeles and National Consumer Law Center filed a lawsuit in federal court against the U.S. Department of Education and Secretary Betsy DeVos on behalf of three student loan borrowers defrauded by the for-profit Marinello Schools of Beauty (“Marinello”). At the time of its closure, Marinello had 56 campuses throughout California, Connecticut, Kansas, Massachusetts, Nevada, and Utah. The students also challenge the Department’s delay of student loan borrower defense regulations. 
  • Case against the United States Department of Education
    The National Consumer Law Center is co-counsel in a Freedom of Information Act suit requesting public records of the U.S. Department of Education regarding race and debt collection practices of third-party debt collectors hired by the Department. 
    Complaint, Exhibit 1 (FOIA request, May 7, 2015), Exhibit 2, Exhibit 3, and Exhibit 4, and Press Release

Debt Collection

  • Baker v. Ross Press Release || Complaint - The innovative class action lawsuit was filed by the Public Interest Law Center, Chimicles & Tikellis LLP, and the National Consumer Law Center, on behalf of a low-income tenant named Cassandra Baker and others like her. The complaint alleges her landlord’s collection lawyer, like many landlord lawyers, used misleading debt collection practices while attempting to evict her and force her to pay rent she did not owe, and that those practices violated federal law.
  • Lannan v. Levy & White, Case No. 14 cv 13866 - Partial summary judgment as to liability and class certification were granted in an FDCPA and MA Ch. 93A suit against an attorney debt collector who misrepresented the amount owed by persons receiving ambulance services when he calculated prejudgment interest from the date the services were provided, rather than from the date a demand for payment was sent to the patient. In addition, as a separate violation, in his small claims complaints, the attorney lumped prejudgment interest that hadn't yet been awarded into the amount claimed to already be due at the time of filing of the complaint. The court found this could be confusing to an unsophisticated consumer deciding how to respond to the complaint. Complaint || Order 
  • Kulig v. Midland Funding, Case No. 13 CV 4715, US District Court (EDNY) - suit for systematically filing time-barred lawsuits against hundreds of New York consumers who fell behind on their credit card payments. The suit covers New York consumers whose credit card was issued by a Delaware bank. Under NY law, these collection suits must be filed within 3 years of default on the account, but Midland routinely sues long after that.
  • Clawson, appellant v. Midland Funding et al - Opinion of Court of Appeals Decision, Feb. 26, 2013
    The Sixth Circuit Court of Appeals reversed approval of a nationwide settlement affecting 1.44 million victims of a debt buyer's "predatory practices" in using robosigned affidavits to obtain state court collection judgments. The Court found that the original settlement was unfair, unreasonable, and inadequate, that the district court abused its discretion in certifying the nationwide settlement class, and that the notice to prospective class members did not satisfy due process. This step allows all of the other robo-signing cases brought against Midland around the United States to proceed. NCLC represented one of the appellants in the case.
  • Blake v. Riddle & Wood, Second Amended Class Action Complaint
  • Tammaro v. Direct Federal Credit Union, First Amended Class Action Complaint


Fair Credit Reporting

  • White v. Experian/TransUnion/Equifax 
    The National Consumer Law Center is co-counsel for the plaintiffs in class action lawsuit against TransUnion LLC, Experian Information Solutions, Inc., and Equifax Information Services LLC ("Defendants"). The suit claims that the Defendants violated the Fair Credit Reporting Act ("FCRA") and state laws when reporting debts that had been discharged in bankruptcy as not discharged, failed to conduct proper investigations of consumer disputes regarding such debts and caused damage to consumers as a result. A proposed settlement ("Settlement") has been reached which, if finally approved by the Court, will provide payments of damage awards from a $45 million settlement fund. Notices regarding the Settlement recently have been sent to the members of the Settlement class.

Foreclosure and Mortgage

  • Wilborn v. Bank One, Class Action Complaint

This lawsuit challenged provisions in mortgages that allow reinstatement of a loan after default only if the homeowner brings all payments current and also pays the attorney's fees incurred by the lender attempting to foreclose. NCLC and our co-counsel argued that these provisions were contrary to Ohio's public policy that creditors cannot collect attorney's fees from borrowers in debt collection actions. The Ohio Supreme Court found that because the right to reinstate was contractual, not statutory, the requirement to pay attorney's fees was an enforceable part of the bargain. However, the Court distinguished reinstatement from other circumstances such as redemption or paying off a home equity line of credit, where the borrower pays the entire debt and no contractual relationship remains – in those circumstances, the lender cannot collect its attorney's fees. The Ohio Supreme Court remanded the remaining portion of the case which it distinguished for trial in the Court of Common Pleas, and that the matter remains pending there for those class members who did not have their debts reinstated.

Fraud in the Foreclosure Process

Mortgage Securitization Discrimination

Mortgage Servicing Litigation

High Cost Small Loans

  • In re: Chase Bank USA, N.A. “Check Loan” Contract Litigation, Master Class Action Complaint

Overdraft Loans

  • Yourke v. Bank of America, Complaint
    (Appendix A, Appendix B, Appendix C-1 and C-2, Appendix D, Appendix E, Appendices F-G)

Subprime Mortgage Discrimination

National class action cases brought under the Fair Housing Act and the Equal Credit Opportunity Act against certain subprime mortgage lenders:

Military Pensions

  • Henry v. Structured Investments Co. et al ComplaintTrial Decision (Class-action lawsuit regarding assignment of pension rights in exchange for lump sum payments)