Case Name: Marx v. Gen. Revenue Corp.

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

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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

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Case Result: Cruise line passengers set off on a cruise of the Mexican Riviera.  After the ship set sail, the crew announced the liner would not be making any port stops because of fear of the swine flu that had recently broken out in Mexico.  The plaintiffs sued, claiming that Carnival decieved them by failing to inform them before the liner set sail that no port stops would be made.  Late notice of the decision to cancel the stops made it impossible for the passengers to take advantage of their trip cancellation rights.  The cruise line company filed a motion to compel arbitration, which the trial court granted.  Plaintiffs appealed.

Case Name: McCollough v. Johnson, Rodenburg & Lauinger

Court: U.S. Ct. App 9th Cir.    Docket: 09-35767

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Case Result: Debt collector is liable for violations of state and federal law prohibiting unfair debt collections and upheld the jury award.

Case Name: McKenzie Check Advance of Florida, LLC v. Betts

Court: Fla. Dist. Ct. App. 4th D.  Docket: 4D08-493 & 4D08-494

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Case Result: Class action ban in the arbitration clause violates public policy and is unenforceable because it would prevent a consumer from vindicating the rights that consumer protection statutes are designed to create and nurture.

Case Name: Midwest Title Loans v. Ripley 

Court: U.S. Ct. App. 7th Cir.    Docket: 09-2083

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Case Result: Indiana's car title ban of lenders operating out-of-state violates the dormant commerce clause.

Case Name: Milam v. Fleetwood Homes of N.C.

Court: W. Va. Supreme Ct. App.  Docket: 34493

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Case Result: Court stayed the consideration of the appeal of the attorney fee award due to defendant filing for bankruptcy.

Case Name: Milavetz v. U.S.

Court: U.S. Supreme Court  Docket: 08-1119, 08-1225

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Case Result: Court upheld constitutionality of Bankruptcy law as applied to attorneys but clarified that attorney advice for people who need to incur debt for legitimate purposes, not for the purpose of abusing the bankruptcy system, is legitimate speech and does not violate the Bankruptcy Act.

Case Name: Mills v. Midwest Title Loans, Inc.

Court: U.S. Supreme Court   Docket: 09-1325

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Case Result: Court denied the petition for writ of certiorari.

Case Name: Minnesota v. Am. Family Prepaid Legal Corp.

Court: Minn. Ct. App.   Docket: A11-1848

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Case Result: Civil penalties and restitution to victims of a pattern and practice of selling inappropriate annuities to older people.

Case Name: Nat'l Meat Ass'n v. Harris

Court: U.S. Supreme Court    Docket: 10-224

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Case Result: California slaughterhouse law held to be preempted by federal Meat Inspection Act.

Case Name: Nevada v. Bank of America

Court: U.S. Ct. App. 9th Cir.    Docket: 11-80165

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Case Result: State Attorney General's suit against bank alleging violation of state's law against unfair and deceptive practices by deceiving homeowners about loan modifications could not be removed to federal court under the Class Action Fairness Act.

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

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

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Case Issue: Did state utilities commission set rates too high, in violation of state law, by failing to consider the impact on consumers of the current economic conditions when it set an overly high rate of return on equity?

Case Name: NRG Power Marketing v. Maine Pub. Utilities Comm'n

Court: U.S. Supreme Court    Docket: 08-674

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Case Result: F.E.R.C. cannot set aside a utility contract as "unjust and unreasonable" unless the purchaser of electricity proves that the contract "seriously harms the public interest."

Case Name: Paley v. Bank of America 

Court: N.J. Superior Ct., App. Div.    Docket: A-004391-07T3, A-005519-07T2, A-005864-07T2

Read Summary and AARP's Amicus Brief (PDF)

Case Result: A bank's acts and omissions that conform to general banking practices and procedures cannot be considered behavior that runs afoul of the NJ Consumer Fraud Act.

Case Name: Pendergast v. Sprint Nextel Corp.

Court: Fla. Supreme Ct.    Docket: SC-10-19

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Case Result: Court declined the certified questions regarding whether an arbitration clause is unconscionable under state law, following the Supreme Court ruling in AT&T v. Concepcion limiting challenges based on unconscionability.