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AARP Foundation Legal Advocacy

Docket: Consumer and Utilities


Case Name: American Express v. Italian Colors Restaurant

Court: U.S. Supreme Court    Docket: 12-133

Read Summary AARP's Amicus Brief (PDF)

Case Result: Arbitration clause that requires individual arbitration of claims is enforceable regardless of whether it prevents the effective vindication of statutory rights by making the cost of pursuing a remedy individually much greater than any individual litigant may recover.

Case Name: AT&T Mobility LLC v. Concepcion

Court: U.S. Supreme Court    Docket: 09-893

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The Court dealt a severe blow to consumers and employees by holding that a state may not condition enforcement of an arbitration clause upon the availability of class actions in arbitration as such protection is preempted by the Federal Arbitration Act.

Case Name: Bank of America v. Caulkett and Bank of American v. Toledo-Cardona

Court: U.S. Supreme Court Docket: 13-1421 and 14-163

Read AARP's Amicus Brief (PDF)

Case Issue: Does the Bankrupcy Code, which provides that a lien in excess of the value of the collateral is "void" - permit a Chapter 7 debtor to extinguish a mortgage lien on his personal residence where the collateral to which the lien attaches is found to have no value?

Case Name: Barr v. NCB Management Services

Court: W. Va., Sup. Ct. of App. Docket: 35709

Read Summary and AARP's Amicus Brief (PDF)

Case Result: State law allows consumer to assert a private cause of action against a professional debt collector who has engaged in prohibited debt collection practices.

Case Name: Battisti v. Tax Claims Bureau of Beaver County

Court: PA Commonwealth Ct. Docket: 733 CD 2014

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Because the tax authority failed to inform the homeowner, who had paid more than 25 percent of her outstanding taxes that she has a legal right to enter into a payment agreement for the remaining unpaid taxes, the sale of her home violated due process and Pennsylvania law.

Case Name: Cabral v. Supple

Court: U.S. Ct. App. 9th Cir. Docket: 13-55943

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Was it proper to certify a class of people who claim that Supple falsely advertised that its special juice will "completely reverse[] and halt[] the disease process" for any joint disease?

Case Name: Cash Advance v. Colorado, ex rel. Suthers

Court: Colo. Supreme Ct.    Docket: 08SC639

Read Summary AARP's Amicus Brief (PDF)

Case Result: Payday lender associated with tribal entities in Colorado to make loans that exceed the state's interest rate caps.  The AG subpoenaed the records of the payday lender to investigate complaints, but the tribes argued that as sovereign nations, they are not subject to the state subpoena power.  The Court agreed that sovereign immunity would protect the tribes from the obligation to comply with the subpoenas if they are the true lender, as opposed to merely being associated with or a conduit for the lender. The Court remanded the case to the trial court to determine whether the tribe is the true lender.

Case Name: Ciser v. Nestle

Court: U.S. Ct. App. 3d Cir.  Docket: 13-4509

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Is a flat late fee of $15.00 that amounts to greater than 100% of the amount due an unconscionable business practice that violates the state consumer fraud act?

Case Name: Citizens of State of Florida v. Florida Pub. Serv. Comm'n

Court: Fla. Supreme Court  Docket: SC130144

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Due process does not require the state utility commission to concult its staff when it accepts a settlement and commission is not prohibited from approving costs not included in the original rate making petition.

Case Name: Comcast v. Behrend

Court: U.S. Supreme Court  Docket: 111-864

Read Summary AARP's Amicus Brief (PDF)

Case Result:  Class action was improperly certified because the damages model relied upon did not match precisely the legal theory proposed and courts must consider merits issues at class certification when issues overlap.

Case Name: Company Doe v. Public Citizen

Court: U.S. Ct. App. 4th Cir.  Docket: 12-2209

Read Summary AARP's Amicus Brief (PDF)

Case Result: Court proceedings may not be held in secret, therefore district court must unseal entire record in company's anonymous challenge to public disclosure of a consumer complaint made about a product to the CPSC.

Case Name: CompuCredit Corp. v. Greenwood

Court: U.S. Supreme Court  Docket: 10-948

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  The Credit Repair Organization Act does not explicitly provide consumers a right to sue in court and they may be forced by their contract into individual arbitration for violation of the Act.

Case Name: Cruz v. Cingular Wireless, LLC

Court: U.S. Ct. App. 11th Cir.    Docket: 08-16080-C

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court upheld order to compel arbitration and dismiss class action, holding that in light of AT&T v. Concepcion, the class action waiver in the arbitration agreement is enforceable under the Federal Arbitration Act.

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Legal Cases

Find the most recent cases in which AFL has advocated in courts nationwide for the rights of older persons, and filed AARP’s amicus curiae (“friend of the court”) briefs that help courts decide precedent-setting cases.

Strengthening Law and Policy through
Legal Advocacy

Our legal advocacy initiatives  - conducted by AARP Foundation Litigation (AFL) - reflect more than 15 years of work in federal and state courts across the country. Through our efforts, we support the Foundation’s four priority areas: Hunger, Income, Housing and Isolation, and ensure that those 50 and older have a voice in the laws and policies that affect their daily lives.