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AARP Foundation Legal Advocacy

Docket: Consumer and Utilities


Case Name: ACA Int'l v. FCC

Court: U.S. Ct. App. D.C. Cir. Docket: 15-1211

Read AARP's Amicus Brief (PDF)

Case Issue: Did the FCC impermissibly expand its authority to implement the Telephone Consumer Protection Act (TPCA). The TCPA applies to any prerecorded message delivered by an autodialer that has the capacity to store and make calls to consumers without human intervention; the TCPA does not allow calls to cell phone numbers that have been reassigned to a new user (after the first call), and; consumers have the right to revoke, by any reasonable means, consent to receive prerecorded messages delivered by autodialers?

Case Name: American Express v. Italian Colors Restaurant

Court: U.S. Supreme Court    Docket: 12-133

Read Summary AARP's Amicus Brief (PDF)

Case Result: Arbitration clause that requires individual arbitration of claims is enforceable regardless of whether it prevents the effective vindication of statutory rights by making the cost of pursuing a remedy individually much greater than any individual litigant may recover.

Case Name: Bank of America v. Caulkett and Bank of American v. Toledo-Cardona

Court: U.S. Supreme Court Docket: 13-1421 and 14-163

Read AARP's Amicus Brief (PDF)

Case Issue: Does the Bankrupcy Code, which provides that a lien in excess of the value of the collateral is "void" - permit a Chapter 7 debtor to extinguish a mortgage lien on his personal residence where the collateral to which the lien attaches is found to have no value?

Case Name: Battisti v. Tax Claims Bureau of Beaver County

Court: PA Commonwealth Ct. Docket: 733 CD 2014

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Because the tax authority failed to inform the homeowner, who had paid more than 25 percent of her outstanding taxes that she has a legal right to enter into a payment agreement for the remaining unpaid taxes, the sale of her home violated due process and Pennsylvania law.

Case Name: Berman v. City of New York

Court: N.Y. Ct. App.  Docket: CTQ-2014-07

Read AARP's Amicus Brief (PDF)

Case Result: A New York city law that requires attorneys regularly engaged in debt collection to be licensed, is not preempted by the state's regulation of lawyers.

Case Name: Board's Investigation Regarding the Reclassification (N.J. Verizon Deregulation)

Court: N.J. Superior Ct. Docket: A-004769-14T2

Read AARP's Amicus Brief (PDF)

Case Issue: Did the New Jersey Board of Public Utilities violate the law when it approved a non-unanimous stipulation to deregulate Verizon's four remaining rate-regulated telephone services and increase rates by 36 percent without a proper hearing and without considering overwhelming public opposition?

Case Name: Cabral v. Supple

Court: U.S. Ct. App. 9th Cir. Docket: 13-55943

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Was it proper to certify a class of people who claim that Supple falsely advertised that its special juice will "completely reverse and halt the disease process" for any joint disease?

Case Name: Campbell-Ewald v. Gomez

Court: U.S. Supreme Court  Docket: 14-857

Read AARP's Amicus Brief (PDF)

Case Result: An unaccepted settlement offer or offer of judgment made pursuant to F.R.C.P. 68 does not moot a plaintiff's case.

Case Name: Caplinger v. Medtronic

Court: U.S. Supreme Court  Docket: 15-321

Read AARP's Amicus Brief (PDF)

Case Issue: Are state law claims against a medical device manufacturer based on injuries caused by a medical device preempted where the device was not granted premarket approval for the particular use that caused the injuries and the manufacturer marketed the device for that unapproved use?

Case Name: Ciser v. Nestle

Court: U.S. Ct. App. 3d Cir.  Docket: 13-4509

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The judgment of the district court dismissing plaintiff's claims for failure to plead a cognizable claim was affirmed because the third circuit found, not action to recover voluntarily paid but allegedly unreasonable late fees exists at common law, and actions to challenge unconscionable conduct under the N.J. Consumer Fraud Act must allege an element of deceptive conduct. Because the late fees were disclosed in Nestle's contract, they may not be challenged as an unconscionable practice.

Case Name: Citizens, State of Florida v. Graham

Court: Fla. Supreme Court    Docket: SC 15-95

Read AARP's Amicus Brief (PDF)

Case Result: The court reversed an order of the Florida Public Services Commission (PSC) that allowed Florida Power and Light to pass on to ratepayers the costs of its exploration and hydraulic fracturing operations in Oklahoma because the state legislature had not granted the PSC suthority to regulate out-of-state operations.

Case Name: Citizens of State of Florida v. Florida Pub. Serv. Comm'n

Court: Fla. Supreme Court  Docket: SC130144

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Due process does not require the state utility commission to concult its staff when it accepts a settlement and commission is not prohibited from approving costs not included in the original rate making petition.

Case Name: Coleman v. District of Columbia

Court: U.S. Dist. Ct. D.C.  Docket: 13-01456-EGS

Read AARP's Amicus Brief (PDF)

Case Result:  The district court denied the motion for judgment on the pleadings, finding that the plaintiffs stated claim of taking without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where the plaintiffs cited sources of law establishing a recognized property interest in home equity.

Case Name: Comcast v. Behrend

Court: U.S. Supreme Court  Docket: 111-864

Read Summary AARP's Amicus Brief (PDF)

Case Result:  Class action was improperly certified because the damages model relied upon did not match precisely the legal theory proposed and courts must consider merits issues at class certification when issues overlap.

Case Name: Company Doe v. Public Citizen

Court: U.S. Ct. App. 4th Cir.  Docket: 12-2209

Read Summary AARP's Amicus Brief (PDF)

Case Result: Court proceedings may not be held in secret, therefore district court must unseal entire record in company's anonymous challenge to public disclosure of a consumer complaint made about a product to the CPSC.

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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.