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AARP Foundation Legal Advocacy

Docket: Consumer and Utilities


Case Name: Marx v. Gen. Revenue Corp.

Court: U.S. Supreme Court    Docket: 11-1175

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Courts have discretion to award costs against unsuccessful plaintiffs in Fair Debt Collections Practices Act cases even if the claims were brought in good faith.

Case Name: Maughon v. Carnival Corp. 

Court: U.S. Ct. App. 11th Cir.   Docket: 09-15890-G

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Cruise line's arbitration clause is enforceable despite requiring people to travel to Florida to arbitrate and regardless of significant limitations on substantive legal remedies contained in the arbitration clause.

Case Name: McFarland v. Wells Fargo

Court: U.S. Ct. App 4th Cir.    Docket: 14-216

Read AARP's Amicus Brief (PDF)

Case Result: The court of appeals held that the district court properly entered summary judgment against Plaintiff on his common law claim that the contract should not be enforced because the terms were substantively unconscionable; but, the court did recognize Plaintiff's statutory claim to challenge the banks's unconscionable inducement of Plaintiff to enter into such a loan. The case was remanded to federal district court for further proceedings on Plaintiff's unconscionable inducement claim.

Case Name: McGill v. Citibank

Court: Cal. Supreme Court Docket: S224086

Read Summary, AARP's Amicus Brief (PDF) and Court Decision (PDF)

Case Result: The court held that an arbitration agreement that waives the public's right to injunctive relief is invalid and contrary to public policy.

Case Name: Mississippi ex rel. Hood v. AU Optronics

Court: U.S. Supreme Court    Docket: 112-1036

Read Summary and AARP's Amicus Brief (PDF)

Case Result: State attorney general parens patriae action is not removable to federal court under the Class Action Fairness Act mass action provisions.

Case Name: North Carolina ex rel. Utilities Comm'n v. Cooper

Court: N.C. Supreme Court    Docket: 268A12-1

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  Commission failed to make the necessary findings of fact to support its Return on Equity determination, and customer interests cannot be measured only indirectly or treated as mere afterthoughts.

Case Name: PHH Corp. v. Consumer Financial Protection Bureau (CFPB)

Court: U.S. Ct. App. D.C. Cir.  Docket: 15-1177

Read AARP's Amicus Brief (PDF)

Case Result: The CFPB structure is unconstitutional because a single head of the agency is not removable by the President except "for cause." The "for cause" requirement is therefore struck, such that the President may remove the Director for any reason. All the rules and regulations and decisions of the CFPB are otherwise valid. The interpretation given to RESPA by the Director cannot be applied to PHH until it is notified in advance of the change in interpretation. The statute of limitations for agency enforcement of violations of RESPA is three years.

Case Name: POM Wonderful v. Coca-Cola

Court: U.S. Supreme Court    Docket: 12-761

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Competitors can challenge allegedly misleading labeling of another's product because the Food, Drug and Cosmetic Act does not preclude a private law suit under the Lanham Act.

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Legal Cases

Find 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. The cases within the drop-down categories below are in alphabetical order for ease of searching.

Strengthening Law and Policy through
Legal Advocacy

Our legal advocacy initiatives  - conducted by AARP Foundation Litigation (AFL) - reflect nearly 20 years of work in federal and state courts across the country. Through our efforts, we support the Foundation’s four impact areas: Tackling Senior Hunger, Paving the Way to Stable Income, assuring the adequacy and availability of Safe and Afffordable Housing and Reconnecting People to Families and Communities, and ensure that those 50 and older have a voice in the laws and policies that affect their daily lives.