Case Name: Aguayo v. U.S. Bank

Court: U.S. Ct. App. 9th Cir.    Docket: 09-56679

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The National Bank Act does not preempt California's consumer protection law (Reese Levering Act) requiring lenders to give post-repossession notices to a defaulting borrower.

Case Name: American Express v. Italian Colors Restaurant

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

Read Summary AARP's Amicus Brief (PDF)

Case Issue: Can a merchant be forced into individual arbitration where the expense of proving the claim far exceeds any remedy the merchant can hope to receive, thereby preventing it from effectively vindicating statutory rights?

Case Name: AT&T Mobility LLC v. Concepcion

Court: U.S. Supreme Court    Docket: 09-893

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The Court dealt a severe blow to consumers and employees by holding that a state may not condition enforcement of an arbitration clause upon the availability of class actions in arbitration as such protection is preempted by the Federal Arbitration Act.

Case Name: Barr v. NCB Management Services

Court: W. Va., Sup. Ct. of App. Docket: 35709

Read Summary and AARP's Amicus Brief (PDF)

Case Result: State law allows consumer to assert a private cause of action against a professional debt collector who has engaged in prohibited debt collection practices.

Case Name: Cash Advance v. Colorado, ex rel. Suthers

Court: Colo. Supreme Ct.    Docket: 08SC639

Read Summary AARP's Amicus Brief (PDF)

Case Result: Payday lender associated with tribal entities in Colorado to make loans that exceed the state's interest rate caps.  The AG subpoenaed the records of the payday lender to investigate complaints, but the tribes argued that as sovereign nations, they are not subject to the state subpoena power.  The Court agreed that sovereign immunity would protect the tribes from the obligation to comply with the subpoenas if they are the true lender, as opposed to merely being associated with or a conduit for the lender. The Court remanded the case to the trial court to determine whether the tribe is the true lender.

Case Name: Clark v. National Western Life Ins. Co.

Court: Cal. Supreme Court  Docket: S174229

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Award of restitution under the unfair competition law is not subject to trebling under California Civil Code Section 3345.

Case Name: Comcast v. Behrend

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

Read Summary AARP's Amicus Brief (PDF)

Case Issue:  Can a court certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a classwide basis?

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 Issue: Should jury review complete medical bill or only the amount paid by insurer when calculating non-economic damages and future medical expenses?

Case Name: CompuCredit Corp. v. Greenwood

Court: U.S. Supreme Court  Docket: 10-948

Read Summary and AARP's Amicus Brief (PDF)

Case Result:  The Credit Repair Organization Act does not explicitly provide consumers a right to sue in court and they may be forced by their contract into individual arbitration for violation of the Act.

Case Name: Cruz v. Cingular Wireless, LLC

Court: U.S. Ct. App. 11th Cir.    Docket: 08-16080-C

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court upheld order to compel arbitration and dismiss class action, holding that in light of AT&T v. Concepcion, the class action waiver in the arbitration agreement is enforceable under the Federal Arbitration Act.