Litigation Archives

Motion to Alter or Amend Order of Judgment and Motion to Certify Question of Law to Massachusetts Supreme Judicial Court

July 20, 2020

Supreme Court Votes to Uphold Right to Stop Political Robocalls and Texts; Advocates Stress Importance of FCC in Upholding Key Consumer Privacy Law (TCPA)

July 6, 2020

FOR IMMEDIATE RELEASE: JULY 6, 2020 Washington, D.C. – Today, the U.S. Supreme Court, in Barr et al v. American Political Consultants, upheld the constitutionality of the provision of the Telephone Consumer Protection Act (TCPA) that gives Americans the right to stop unwanted robocalls and texts to their mobile telephones. The case, brought by a…

Supreme Court Weakens Independence of Consumer Watchdog

June 29, 2020

National Consumer Law Center Advocates’ Statement re: U.S. Supreme Court Decision Challenging the Structure and Constitutionality of the CFPB (Seila Law v CFPB) Washington, D.C. – The U.S. Supreme Court today issued its decision in Seila Law LLC v The Consumer Financial Protection Bureau. In a 5-4 decision, the Court, struck down as unconstitutional a…

Commercialized (In)Justice Litigation Guide

June 1, 2020

Applying consumer laws to commercial bail, prison retail, and private debt collection Increasingly, Americans who have contact with the criminal legal system find themselves deprived not only of their liberty but also of their property, as the system imposes onerous fines and fees on criminal defendants and their loved ones. Today, the resulting criminal justice…

Advocates Praise Rent-a-Bank Ruling Upholding State Interest Rate Caps

June 10, 2020

Colorado Court Follows “Madden” Decision that Banks Can’t Assign Bank Privileges to Nonbank Lenders Washington, D.C. – Consumer advocates praised yesterday’s ruling by a Colorado court upholding the Colorado Attorney General’s claim that an online lender, Marlette Funding (dba Best Egg), must abide by Colorado’s interest rate limits when it purchases loans originated by a…

Telecom Carrier and Consumer Groups Stress Critical Need to Maintain Landmark Consumer Privacy Law to Protect Integrity of Communications System and Curb Robocalls in U.S. Supreme Court Case

March 3, 2020

Washington, D.C. – The National Consumer Law Center, the Consumer Federation of America and Verizon filed a joint amicus brief in Barr v American Association of Political Consultants, a case before the U.S. Supreme Court in which a group of robocallers is challenging the constitutionality of a provision of the Telephone Consumer Protection Act (TCPA),…

Student Loan Giant Accused of Cheating Public Service Workers Moves to Block Montana Legal Services Program from Advocating for Low-Income Borrowers’ Rights

December 20, 2019

FOR IMMEDIATE RELEASE: December 20, 2019 HELENA, MT — This week, student loan servicer Pennsylvania Higher Education Assistance Agency (PHEAA), also known as FedLoan Servicing, urged the Montana Supreme Court to reject a brief submitted to the court by the Montana Legal Services Association, the National Consumer Law Center, and the Student Borrower Protection Center…

NCLC Attorney Statement Regarding Challenge to Constitutionality of Consumer Financial Protection Bureau Leadership Structure

September 18, 2019

FOR IMMEDIATE RELEASE: September 18, 2019 National Consumer Law Center contacts: Lauren Saunders ([email protected]) or (202) 595-7845; Jan Kruse ([email protected]) or (617) 542-8010 Washington, D.C. – Late yesterday, the Consumer Financial Protection Bureau joined an appeal by the Trump Administration to the U.S. Supreme Court asserting that the agency’s independent leadership structure is a violation…

Statement Regarding CFPB Settlement with Nation’s Largest Debt Relief Company

July 9, 2019

FOR IMMEDIATE RELEASE: July 9, 2019 Washington, D.C. – Today, the Consumer Financial Protection Bureau (CFPB) announced the settlement of a lawsuit it had brought against Freedom Debt Relief, the nation’s largest debt settlement company. According to the CFPB, the company agreed to pay $20 million in restitution to affected consumers and a $5 million…

Plaintiff's Response in Smith v. Bank of New York Mellon

June 17, 2019

Plaintiff's response to Malcolm and Cisnero's Motion to Dismiss

Denial of Motion for Summary Judgement in Amodio v. Ocwen Loan Servicing

May 17, 2019

For the reasons discussed herein, Defendants’ motion will be denied.

Advocates Applaud CFPB for Suing Firms Accused of Illegally Taking Upfront Fees for Credit Repair Services

May 3, 2019

Advocates Applaud CFPB for Suing Firms Accused of Illegally Taking Upfront Fees for Credit Repair Services WASHINGTON– Advocates at the National Consumer Law Center applaud the Consumer Financial Protection Bureau’s (CFPB) legal action against Lexington Law and several internet-based marketers (PGX Holdings Inc. and subsidiaries Progrexion Marketing Inc., Progrexion Teleservices Inc., eFolks LLC, and CreditRepair.com…

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