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AARP Foundation Legal Advocacy

Docket: Consumer and Utilities

    

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

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

Case Name: Cruz v. TD Bank, Martinez v. Capital One

Court: NY Ct. Appeals     Docket:  CTQ-2013-0003

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Although Earned Income Protection Act was enacted to protect residents from losing access to all exempt funds due to garnishment orders served without proper exemption claim forms, there is no implied private right of action to sue bank for plenary monetary relief when it freezes exempt funds contrary to the requirements of the law.

Case Name: De La Cruz v. Wachovia Dealer Services

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

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Case settlement included $4.4 million in cash payments and defendants waived outstanding deficiency obligations estimated at $278 million for over 30,000 class members.

Case Name: Felts v. CLK Mgmt

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

Read Summary AARP's Amicus Brief (PDF)

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

Read Summary and AARP's Amicus Brief (PDF)

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

Read Summary AARP's Amicus Brief (PDF)

Case Result: Rule 68 Offer of Judgment did not moot the claims because it did not offer full relief for the individual claims only those claims defendant viewed as reasonable.

Case Name: IBEW v. Indianapolis Power and Light 

Court: Ind. Supreme Ct.   

Read Summary and AARP's Amicus Brief (PDF)

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: Jarvis v. First Resolution Invest. Corp.

Court: Ohio Supreme Court    Docket: 13-0118

Read Summary AARP's Amicus Brief (PDF)

Case Issue: Does debt collection action require strict adherence to procedural rules?

Case Name: Jerman v. Carlisle

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

Read Summary and AARP's Amicus Brief (PDF)

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

Read Summary

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.

Read Summary

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?

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Find
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.