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AARP Foundation Legal Advocacy

Docket: Consumer and Utilities

    

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: PHH v. CFPB

Court: U.S. Ct. App. D.C. Cir. Docket: 15-1177 (en banc)

Filed: 3/31/2017

Read AARP's Amicus Brief (PDF) 

Case Issue: Is an administrative order of the Consumer Financial Protection Bureau (CFPB) invalid because: 1) the CFPB's interpretation of the Real Estate Settlement Procedures Act (RESPA) is a drastic departure from the longstanding interpretation of the regulations upon which industry relied; 2) the CFPB does not have authority to issue an injunction against PHH using an administrative procedure; 3) the Order was issued by an agency that has an unconstitutional structure, and; 4) the claims are barred to the extent that the CFPB exceeded the applicable 3-year statute of limitations. The order required PHH to return $109 million that it collected from residential mortgage borrowers for Private Mortgage Insurance in violation of RESPA.

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.

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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.