OPEN CASES
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
- 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
- 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
ERISA
- Brenda J. Otte v. Cigna, First Amended Class Action Complaint Final Notice of Settlement of Approval
- Huffman v. Prudential Insurance Company of America Class Action Complaint
- Edmonson v. Lincoln National Life Insurance Company 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
- Archibald v. GMAC Mortgage Class Action Complaint (Exhibits 1-4, Exhibits 5-25)
Court Decision of the Maine S.Ct., on certified question from the U.S. District Court
Mortgage Securitization Discrimination
- Beverly Adkins et al. v Morgan Stanley
The National Consumer Law Center is co-counsel for African American plaintiffs in a prospective class action lawsuit brought against Morgan Stanley. The lawsuit claims that the Defendant violated federal civil rights laws, the Fair Housing Act and the Equal Credit Opportunity Act as well as state laws by adopting mortgage securitization policies that caused predatory lending and adversely impacted African Americans in the Detroit, Michigan area. It is the first case where a prospective class of affected homeowners victimized by subprime lending abuses has directly sued an investment bank. It is also the first lawsuit to connect racial discrimination to the securitization of mortgage-backed securities.- The Adkins v. Morgan Stanley lawsuit asserts that Morgan Stanley pursued mortgage securitization policies and practices that, through their funding of now-defunct mortgage lender New Century Mortgage Company, resulted in a significant discriminatory impact on African-American borrowers in the Detroit metropolitan area, flooding the already highly segregated community with toxic, combined-risk subprime loans in the lead-up to the collapse of the housing market in 2008. Read the expert reports submitted in support of the reverse red-lining allegations made in the case and NCLC's issue brief detailing key findings by the experts.
Appellants' 2nd Circuit Brief (Class Certification) (November 2015)
AFSCME/SEIU 2nd Circuit Amicus Brief (November 2015)
NAACP Legal Defense & Educational Fund, New York Law School Racial Justice Project, Damon J. Keith Center for Civil Rights and Michigan Welfare Rights Organization 2nd Circuit Amicus Brief (November 2015)
Jerome N. Frank Legal Services Organization and Michigan Poverty Law Program 2nd Circuit Amicus Brief (November 2015)
Opinion and Order (May 2015)
NCLC Issue Brief (Nov. 2014)
Ayers Expert Report
McCoy Expert Report
Oliver Expert Report
Sugrue Expert Report
- The Adkins v. Morgan Stanley lawsuit asserts that Morgan Stanley pursued mortgage securitization policies and practices that, through their funding of now-defunct mortgage lender New Century Mortgage Company, resulted in a significant discriminatory impact on African-American borrowers in the Detroit metropolitan area, flooding the already highly segregated community with toxic, combined-risk subprime loans in the lead-up to the collapse of the housing market in 2008. Read the expert reports submitted in support of the reverse red-lining allegations made in the case and NCLC's issue brief detailing key findings by the experts.
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:
- Ramirez v. Greenpoint-Howell Jackson Expert Report (publicly filed)
- Ramirez v. Greenpoint-Howell Jackson Reply Expert Report (publicly filed)
- Ramirez v. Greenpoint-Patricia McCoy Rebuttal Expert Report (publicly filed)
- Barrett v. H & R Block Class Certification Report of Ian Ayres (redacted and publicly filed)
- Barrett v. H & R Block Class Certification Reply Report of Ian Ayres (redacted and publicly filed)
- Barrett v. H & R Block Class Certificaiton Rebuttal Report of Patricia McCoy (redacted and publicly filed)
- Barrett v. H&R Block Class Certification Decision
- Garcia v. Countrywide Financial Corporation, Class Action Complaint
- In re Wells Fargo Mortgage Lending Practices Litigation, First Consolidated and Amended Class Action Complaint
- In re Wells Fargo Mortgage Lending Practices Litigation, Class Certification Report
- In re Wells Fargo Mortgage Lending Practices Litigation, Reply Class Certification Report
Military Pensions
- Testimony of NCLC Director of Litigation Stuart Rossman before the U.S. Senate Committee on Aging re: pension advance schemes, Sept. 30, 2015
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Henry v. Structured Investments Co. et al ComplaintTrial Decision (Class-action lawsuit regarding assignment of pension rights in exchange for lump sum payments)
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CLOSED CASES
- Auto Finance Discrimination
- Debt Collection
- Private Child Support Collection Agencies
- RAL Cross Lender Debt Collection
- Military Pensions
- Jenkins v. General Collection Co., Second Amended Class Action Complaint and Settlement Agreement
- Pettway v. Harmon Law Offices, P.C., Second Amended Class Action Complaint