Case Name: Cruz v. TD Bank, N.A.

Court: U.S. Ct. App. 2d Cir.     Docket:  12-1200-cv

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Case Issue: Is there a private right of action to enforce NY statutory safeguards that protect exempt benefits and wages from garnishment?

Case Name: De La Cruz v. Wachovia Dealer Services

Court: Cal. Ct. App. 4th App. Dist.    Docket:  D058503

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Case Issue: Is California's borrower protection act (Rees-Levering Motor Vehicle Sales and Finance Act) preempted by the National Bank Act?

Case Name: Felts v. CLK Mgmt

Court: NM Supreme Ct.    Docket: 33,011 and 33,013

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Case Result: Arbitration provision, which specified the National Arbitration Forum as the arbitrator, was controlling and could not be altered by the court. Since NAF is not longer in operation the case must be litigated.

Case Name: Harper v. Jackson Hewitt

Court: W. Va. Supreme Ct. App.    Docket: 35295

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Case Result: Jackson Hewitt is covered by the state's Credit Service Organization statute and is required to comply with disclosure requirements when making refund anticipation loans.

Case Name: Hrivnak v. NCO Portfolio Management, Inc.

Court: U.S. Ct. App. 6th Cir.    Docket: 11-3142

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Case Issue: Do the claims of putative class members in a lawsuit brought to enforce the Fair Debt Collections Practices Act become moot when a defendant makes a Rule 68 offer of judgment to a named plaintiff prior to the filing of a motion for class certification?

Case Name: IBEW v. Indianapolis Power and Light 

Court: Ind. Supreme Ct.   

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Case Result: Retirees challenged Indianapolis Power and Light Company's failure to fund a Voluntary Employee Benefit Trust after receiving a rate increase paid by electric service customers, but court deferred to the public utility commission decision not to require the trust be funded.

Case Name: Jerman v. Carlisle

Court: U.S. Supreme Court    Docket: 08-1200

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Case Result: The bona fide error defense under the Fair Debt Collection Practices Act does not excuse legal errors.

Case Name: King v. Advance America (2007)

Court: U.S. Dist. Ct. ED Pa.    Docket: 07-cv-237

Case Result: After the Supreme Court held in AT&T v. Concepcion that the Federal Arbitration Act preempts state law contract defenses that require the availability of a class action to enforce an artitration provision and that a defendant cannot be forced to defend against a class action in arbitration, trial court granted motion to compel individual arbitration and stayed the claims pending the arbitrations.

Case Name: La Point v. Mid-Atlantic Settlement Services

Court: D.C. Superior Ct.

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Case Result: Class action challenged the actions of three title companies, each of which charged fees to homeowners for services that were never performed; under settlement class members were refunded all moneys wrongfully charged.

Case Name: Martinez v. Capital One Bank, N.A.

Court: U.S. Ct. App. 2d Cir.    Docket: 12-1342-cv

Read Summary AARP's Amicus Brief (PDF)

Case Issue: Is there a private right of action to enforce NY statutory safeguards that protect exempt benefits and wages from garnishment?