Credit Card Archive,Nuts and Bolts On

Credit Card Archive

Credit Cards Policy Briefs, Reports & Press Releases Archive

Press Release: Consumer tips with a data breach, Dec. 19, 2013 Press release: Consumer Advocates Applaud CFPB for CareCredit Enforcement Action, Dec. 10, 2013 Statement re: CFPB Report on Credit Card Act Reform, Oct. 2, 2013 Press Release: CFPB Rule on Fee-Harvester Credit Cards, March 28, 2013 Issue Brief: Myths & Realities About the CARD Act Independent Ability-To-Pay Provision, June 2012. See also NCLC original and reply comments to CFPB Advocates Urge Consumer Financial Protection Bureau to Stand Firm on Protection from Fee- Harvester Credit Cards, April 2012 U.S. Supreme Court CompuCredit Corp. v. Greenwood Decision Denies Basic Legal Right to Day in Court, Jan. 2012 Beyond the Credit CARD Act: Features of a Safer Credit Card Policy Brief and Press Release, Nov. 2010 Credit CARD Protections Take Effect Feb. 22 But Loopholes and Abuses Persist: Financial watchdog needed to crack down on evasion, abuse and unfairness. Advice for Consumers, Feb. 17, 2010 Credit Card Evasions Rampant: Schemes to Avoid New Laws Rampant Before the Laws Even Go Into Effect, Nov. 20, 2009 10 Million Americans Unprotected by Fed Credit Card Rules: New Analysis Shows Fed Rules Still Allow Onerous Rate Hikes For 80 Million Credit Card Accounts Press Release, Apr. 27, 2009 Press Release: Senator Durbin introduces quick fix for predatory consumer lending, July 18 2008 Press Release: Fed’s Credit Card Rules: Good First Step, May 2, 2008 High-Fee, Low-Credit Predatory Credit Cards Prey Upon the Poor, Nov. 2007 Fee-Harvesters: Low-Credit, High-Cost Cards Bleed Consumers Report Press Release: Consumer Groups to Fed: Stop Abusive Credit Card Practices Press Release, October 15, 2007 Press Release: Consumer Groups Call for Congressional Action on Unjustifiable Fees, Outrageous Interest Rates and Questionable Lending Practices, March 7, 2007 The Life and Debt Cycle The Implications of Rising Credit Card Debt Among Older Consumers Report, July 2006, Part I and Part II

Credit Cards Comments and Testimony Archive

First Set and Second Set of Comments of NCLC in response to CFPB Request for Information Regarding the Credit Card Market, May 18, 2015 Comments to the Consumer Financial Protection Bureau regarding the Credit CARD Act of 2009, Feb. 19, 2013 Comments on proposed CFPB rules amending ability-to-pay requirements to permit consideration of household income, Jan. 7, 2012 Comments on proposed rule on fee harvester cards, June 11, 2012 Comments on Regulations Implementing $50,000 threshold for transactions exempt from Truth in Lending, Feb. 1, 2011 Consumer Groups’ Comments on Regulations Implementing the Credit CARD Act of 2009 January 3, 2011 – Comments on cleanup rules to prevent evasions March 14, 2010 – Comments on Reasonable and Proportional Penalty Fees and Re-Evaluation of Rate Increases November 20, 2009 – Comments on CARD Act Regulations. Cites examples of tactics designed to avoid Credit CARD Act protections September 21, 2009 – Comments on Right to Reject Changes and 45 days Notice Requirements Comments of NCLC and others re: Proposed Rulemaking to Prohibit Unfair or Deceptive Acts or Practices with Respect to Credit Cards and Overdraft Loans, August 4, 2008 Comments of NCLC and others re FRB May 2008 Revised Proposal on Regulation Z Credit Card Disclosures, July 18, 2008 Comments of the National Consumer Law Center and Others, October 12, 2007 – Appendices to Comments Comments of the NCLC and NACA Regarding Advance Notice of Proposed Rulemaking Relating to Unfair or Deceptive Acts or Practices, November 2007 Testimony before the Committee on Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations regarding Credit Card Practices, March 7, 2007 Written Testimony of Michael D. Donovan, Partner Donavan Searles, LLC, Philadelphia, also on behalf of NCLC and NACA before the Senate Committee on Banking, Housing, and Urban Affairs, January 25, 2007 Joint Recommendations of Consumer Groups on Unfair Credit Card Practices: Eliminate Reckless and Abusive Lending by Credit Card Companies, January 25, 2007

Credit Cards Letters Archive

Violations of the Credit CARD Act: Letters to Office of Comptroller of Currency and Office of Thrift Supervision regarding violations of the Credit CARD Act, July 7, 2010 Credit Card Accountability, Responsibility and Reform Act, S. 414.: Support Letter for Senator Dodd Credit CARD Act Coalition Letter asking Treasury Secretary Geithner to impose fairness in conditions on the use of our tax money to support the purchase of credit card debt, Jan. 2009

Nuts and Bolts on Guardianship as Last Resort: The Basics on When to File and How to Maximize Autonomy

This webinar gives an overview of guardianship, other options, and the results of guardianship on the individual. Energy, Utilities & Telecommunications Staff

Jenifer Bosco Charlie Harak John Howat Karen Lusson Olivia Wein

Electric and Gas

HOT TOPICS • New Maryland Law Will Protect Low-Income Families from Overpriced Electricity and Gas , June 7, 2021 • Testimony of NCLC attorney Jenifer Bosco before the MA Joint Committee on Telecommunications, Utiliites & Energy re: Competitive Energy Suppliers, Jan. 14, 2020; Press Release • Issue Brief: Still No Relief for Massachusetts Consumers Tricked by Competitive Electric Supply Companies, October 2018 • Report: Competing to Overcharge Customers: The Competitive Energy Supplier Market in Massachusetts, April 2018

Disruption of these life-sustaining services puts lives at risk. NCLC works on federal and state policies to ensure reasonable rates and protections for low-income households.

Administrative & Regulatory Advocacy

PowerPoint: Competitive Energy Supply A Legacy of Deception, Fraud And Consumer Rip- Offs presented by National Consumer Law Center attorney Karen Lusson before the Arizona Corporation Commission Stakeholder Meeting & Worksop re: Possible Modifications to the Arizona Corporation Commission’s Retail Electric Competition Rules, Feb. 25, 2020 Comments to the MA DPU Re: Request of the Office of Attorney General, Office of Ratepayer Advocacy for Investigation into the Effect of the Individual Residential Supply Market on Low Income Ratepayer Assistance Programs, Jan. 10, 2020 Comments to the Massachusetts Dept. of Public Utilities on its own Motion into initiatives to promote and protect consumer interests in the Retail Electric Competitive Supply Market, Feb. 19, 2019, Additional Comments re: the Dept.’s Tier Two Initiatives, Apr. 2, 2020 Comments of National Consumer Law Center on behalf of its low-income clients on Proposed Changes to 940 CMR 19.00, Jan. 13, 2017 Comments to the CA Public Utilities Commission on the Joint Motion for Settlement regarding its motion to address issue of customers’ electric and natural gas service disconnection and Response to Petition for Modification, April 2014

COMPLAINT OF ENE, NCLC, ET AL. CHALLENGING BASE RETURN ON EQUITY, filed with Federal Energy Regulatory Comm’n Dec. 27, 2012 California Adopts Order to Reduce Utility Disconnections of Vulnerable Households, April 2012 Model Settlement Protects Vulnerable Consumers from Utility Disconnections, Dec. 27, 2010 Policy Analysis

Policy Briefs, Reports & Press Releases

New Maryland Law Will Protect Low-Income Families from Overpriced Electricity and Gas, June 7, 2021 Issue Brief: Still No Relief for Massachusetts Consumers Tricked by Competitive Electric Supply Companies, October 2018 Press Release & Report: Competing to Overcharge Customers: The Competitive Energy Supplier Market in Massachusetts, April 2018 Press Release: Federal Energy Regulatory Commission Slashes Major Rate Relief Due on New England Electric Bills, June 24, 2014; FERC decision, June 20, 2014 Report: Rethinking Prepaid Utility Service: Customers at Risk, June 2012

Comments and Testimony

MA S. 2150/H. 3352, An Act relative to electric ratepayer protections. Support Testimony, Jul. 28, 2021 Comments re: MA Department of Public Utilities Vote and Order Opening Inquiry 21-50, Jun. 14, 2021 MD S.B. 31, Electricity and Gas Suppliers – Energy Supply Offers. Support Testimony, Jan. 29, 2021 MD S.B. 681, Comprehensive Protections for Residential Consumers. Feb. 25, 2020. Support Testimony. Slides. MD H.B. 1224 / S.B. 685, Protecting Low-Income Consumers. Feb. 25, 2020. Senate Support Testimony. House Support Testimony. Senate Bill Slides. House Bill Slides. PowerPoint: Competitive Energy Supply A Legacy of Deception, Fraud And Consumer Rip-Offs presented by National Consumer Law Center attorney Karen Lusson before the Arizona Corporation Commission Stakeholder Meeting & Workshop re: Possible Modifications to the Arizona Corporation Commission’s Retail Electric Competition Rules, Feb. 25, 2020 MD H.B. 260 / S.B. 686, Reporting. Feb. 11, 2020. House Support Testimony. Senate Support Testimony. Slides. Additional Slide. Testimony of NCLC attorney Jenifer Bosco before the MA Joint Committee on Consumer Protection and Professional Licensure re: Competitive Electric Supply, January 27, 2020 Testimony of NCLC attorney Jenifer Bosco before the MA Joint Committee on Telecommunications, Utilities & Energy re: Competitive Energy Suppliers, Jan. 14, 2020; Press Release Comments to the Massachusetts Dept. of Public Utilities on its own Motion into initiatives to promote and protect consumer interests in the Retail Electric Competitive Supply Market, Feb. 19, 2019 Public Comment regarding the Madison Gas and Electric Company proposal to increase fixed, monthly residential customer charges from $10.50 per month to $19.00 per month, October 3, 2014 Group comments to the Federal Energy Regulatory Commission supporting that the wholesale cost of power be just and reasonable, January 8, 2014 Testimony re: San Diego Gas and Electric Company’s proposal to implement a residential prepaid electric service pilot program, June 12, 2012 Comments (Aug. 5, 2011) and Reply Comments (Aug. 26, 2011) of the Iowa Bureau of Energy Assistance regarding Prepaid Meters Comments – Consumer Groups Representing Residential Ratepayers on FERC Technical Conference on RTO Responsiveness, March 8, 2010 Comments from Consumer Commenters on FERC RTO/ISO Performance Metrics, March 8, 2010 Comment of Low-Income Weatherization and Fuel Assistance Program Network on Smart Grid Pilot, June 15, 2009 Testimony: NCLC testimony on prepayment metering submitted on behalf of the Nevada Bureau of Consumer Protection, June 2004 Additional Comments to Massachusetts Department of Telecommunications and Energy on increasing the penetration rate for discounted electric, gas and phone Service, DTE 01-106, November 2002. Reply Comments to the Massachusetts Department of Telecommunications and Energy on increasing the penetration rate for discounted electric, gas and phone Service, DTE 01-106, March 2002 Initial Comments to Massachusetts Department of Telecommunications and Energy on increasing the penetration rate for discounted electric, gas and phone Service, DTE 01-106, January 2002

Letters

Public Citizen letter re: consumer protections in solar leases, August 2016 Joint Letter to FERC Chairman Wellinghoff on data regarding “just and reasonable rates” in an upcoming FERC RTO/ISO Performance Metrics Docket, February 19, 2010 Letter to Congress re: Smart Grid and Energy Efficiency, February 4, 2009

Additional Resources

The Need for Essential Consumer Protections, John Howat’s presentation at New York Low- Income Forum on Energy, June 24, 2015 Prepaid Utility Service and Revenue Decoupling by National Resource Defense Council Energy Program Co-director Ralph Cavanagh and NCLC Senior Energy Policy Analyst John Howat published in the Electricity Policy Journal, May 2, 2012 NCLC’s Energy and Utility Publications and Resources “Stay Connected” Training

Case Index – Closed Cases

Auto Finance Discrimination

As co-counsel in a series of national class action lawsuits brought under the Equal Credit Opportunity Act, NCLC has successfully attacked racially discriminatory lending practices in the used (and new) car business, with settlements valued at well over $100 million. The cases, which were filed against some of the nation’s largest auto finance companies and banks, charged that the defendants maintained policies which permit car dealers to “mark-up” the finance rates on loans based on subjective criteria unrelated to creditworthiness. This mark-up policy has had a disparate impact on African-American and Hispanic customers, who end up paying more for credit than whites with similar credit ratings. The lawsuits, which exposed practices that had operated secretly for over 75 years and had resulted in higher-interest rate car loans for minorities, have transformed car financing practices across the industry.

Op-ed by NCLC Director of Litigation Stuart Rossman “The data is clear: Auto lenders discriminate,” Nov. 17, 2015 Policy Brief: Racial Disparities in Auto Loan Markups: State-by-State Data , June 2015 Testimony at the CFPB Auto Finance Forum re: results of NCLC’s auto finance discrimination litigation, Nov. 2013 Video of CFPB Auto Finance Forum (Stuart Rossman testimony begins at 55:25)

AHFC (Terry Willis, et al v. American Honda Finance Corporation) Settlement Agreement Expert Report on the Racial Impact of AHFC’s Finance Charge Markup Policy (Mark A. Cohen, Ph.D.) Appendix D: Top Dollar and Percentage Point Markups Appendix E: Top 100 Dollar Markups by State Appendix F: Top 100 Percentage Point Markups by State Expert Report of Ian Ayers Baltimore v. Toyota Motor Credit Corp The Settlement Agreement and Amendment to Settlement Agreement Frequently Asked Questions (English and Spanish) Borlay v. Primus Automotive Financial Services, Inc. and Ford Motor Credit Company Frequently Asked Questions FMCC (Joyce Jones, et al. v. Ford Motor Credit Company) Settlement Agreement Frequently Asked Questions (English and Spanish) Preliminary Report on the Racial Impact of FMCC’s Finance Charge Markup Policy GMAC (Coleman v. General Motors Acceptance Corporation) Settlement Agreement Frequently Asked Questions Executive Summary of the Settlement Press Release ACUERDO DE RESOLUCIÓN PREGUNTAS FRECUENTES Resumen del Acuerdo de Resolución NMAC (Cason v. Nissan Motors Acceptance Corporation) Press Release (English and Spanish) of the Settlement Agreement Outline of the Settlement Agreement (English and Spanish) Frequently Asked Questions (English and Spanish) Smith v. Daimler Chrysler Financial Settlement Notice (English & Spanish) Notice of Motion for Preliminary Approval of Class Settlement (Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, Exhibit F, Exhibit G, Exhibit H) Court Order Frequently Asked Questions (English and Spanish)

Bank Overdraft Fees

Yourke v. Bank of America, Complaint (Appendix A, Appendix B, Appendix C-1 and C-2, Appendix D, Appendix E, Appendices F-G)

Criminal Justice Debt

Egana v Blair’s Bail Bonds, Inc. Case No. 2:17-cv-5899 First Amended Complaint Plaintiffs (who are accused criminal defendants) and others who agreed to indemnify the bail bond company in case of loss, filed this action on behalf of themselves and all individuals whose rights under federal and state law were violated when they contracted with Defendants for a bail bond to secure their own or their loved ones’ release from jail. The Amended Complaint describes the process through which Defendant bail bond company agreed to allow plaintiffs to finance the premium for the bond, but utilized contracts that violate the Truth in Lending Act, 15 U.S.C. § 1601 et seq. by failing to make necessary disclosures, and state contract, conversion, and usury laws by requiring payment of amounts above what state law allows, including paying daily fees for ankle monitors supplied by another company. The FAC also alleges that Defendants violated the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 (RICO) and the Louisiana Racketeering Act, La. Stat. Ann. § 15:1351, by conspiring to employ or contract with bounty hunters to kidnap, detain, and threaten to jail principals unless they or their loved ones paid money that was distributed between Defendants. NCLC’s co-counsel are the Southern Poverty Law Center and the firm of Wilmer Hale

Debt Collection

James F. Miller v. Carrington Mortgage Services, LLC, Case No. 2:19-cv-00016 Complaint. U.S. District Court, D. Maine. Plaintiff brought this class action against Carrington, a mortgage servicer, for sending account statements and insurance letters to borrowers whose mortgages had been discharged in bankruptcy. Following denial of Carrington’s Motion to Dismiss, see 2019 WL 2871141 (D.Me. July 3, 2019), a settlement was agreed upon and has received Final Approval. The Class members are receiving $550 per loan account. Baker v. Ross Press Release || Complaint – The innovative class action lawsuit was filed by the Public Interest Law Center, Chimicles & Tikellis LLP, and the National Consumer Law Center, on behalf of a low-income tenant named Cassandra Baker and others like her. The complaint alleges her landlord’s collection lawyer, like many landlord lawyers, used misleading debt collection practices while attempting to evict her and force her to pay rent she did not owe, and that those practices violated federal law. A class action settlement was agreed upon in June, 2018, and is subject to Court approval. Blake v. Riddle & Wood, Second Amended Class Action Complaint for telephone harassment of Massachusetts debtors. Clawson, appellant v. Midland Funding – Opinion of Court of Appeals Decision, Feb. 26, 2013. The Sixth Circuit Court of Appeals reversed approval of a nationwide settlement affecting 1.44 million victims of a debt buyer’s “predatory practices” in using robosigned affidavits to obtain state court collection judgments. The Court found that the original settlement was unfair, unreasonable, and inadequate, that the district court abused its discretion in certifying the nationwide settlement class, and that the notice to prospective class members did not satisfy due process. This step allows all of the other robo-signing cases brought against Midland around the United States to proceed. NCLC represented one of the appellants in the case. Dorrian v. LVNV Second Amended Complaint on behalf of class of individuals sued by debt buyer which is unlicensed in Massachusetts. Class certified and partial Summary Judgment for Plaintiffs was overturned by the Massachusetts Supreme Judicial Court. 479 Mass. 265 94 N.E.3d 370 (2018). Fritz v. Resurgent Capital Services and LVNV, Case No. 11–CV–3300 FB VVP in the Eastern District of New York. Memorandum & Order. Final judgment, Sept. 16, 2016 This case challenges the practice of debt buyer LVNV filing state court collection suits in the name of Resurent Capital, one of its unlicensed subsidiaries, in order to protect itself from liability. In a ruling on July 24, 2013, the court denied the defendants’ Motion to Dismiss in all respects but one. He held that plaintiffs had stated a viable misrepresentation claim under the FDCPA. The court recognized that misrepresenting the owner of the debt was a material violation even though the true owner was a corporate parent because it could confuse and mislead the least sophisticated consumer. Another FDCPA violation that also passed muster was that defendants falsely reported the amount of the debt to CRAs by including state court costs even when they hadn’t yet gotten a judgment in their collection action awarding such costs. Affirmative defenses of collateral estoppel (due to state court collection judgments), abstention and Noerr Pennington were rejected too. The only claim that was dismissed related to an individual collection letter that also misrepresented ownership of the debt, but was filed beyond the 1 year statute of limitations for such a claim. The decision is reported at 2013 WL 3821479. Jenkins v. General Collection Co., Second Amended Class Action Complaint and Settlement Agreement Kulig v. Midland Funding, Case No. 13 CV 4715, US District Court (EDNY) – suit for systematically filing time-barred lawsuits against hundreds of New York consumers who fell behind on their credit card payments. The suit covers New York consumers whose credit card was issued by a Delaware bank. Under NY law, these collection suits must be filed within 3 years of default on the account, but Midland routinely sues long after that. Settled on an individual basis. Lannan v. Levy & White, Case No. 14 cv 13866 – Partial summary judgment as to liability and class certification were granted in an FDCPA and MA Ch. 93A suit against an attorney debt collector who misrepresented the amount owed by persons receiving ambulance services when he calculated prejudgment interest from the date the services were provided, rather than from the date a demand for payment was sent to the patient. In addition, as a separate violation, in his small claims complaints, the attorney lumped prejudgment interest that hadn’t yet been awarded into the amount claimed to already be due at the time of filing of the complaint. The court found this could be confusing to an unsophisticated consumer deciding how to respond to the complaint. Complaint || Order Subsequently, a class action settlement was approved by the Court. Pettway v. Harmon Law Offices, P.C., Second Amended Class Action Complaint Spence v. Cavalry, Complaint and Class Action Settlement involving major debt buyer’s practice of retroactively adding interest to the balances on credit card debts it purchased.

ERISA

Huffman v. Prudential Insurance Company of America, Class Action Complaint Claim for insurance company’s improperly benefiting from the use of proceeds of life insurance policies provided by employers. Brenda J. Otte v. Cigna, First Amended Class Action Complaint Final Notice of Settlement of Approval – claim for improper use of proceeds of life insurance provided by employer.

Fair Credit Reporting

White v. Experian/TransUnion/Equifax The National Consumer Law Center is co-counsel for the plaintiffs in class action lawsuit against TransUnion LLC, Experian Information Solutions, Inc., and Equifax Information Services LLC (“Defendants”). The suit claims that the Defendants violated the Fair Credit Reporting Act (“FCRA”) and state laws when reporting debts that had been discharged in bankruptcy as not discharged, failed to conduct proper investigations of consumer disputes regarding such debts and caused damage to consumers as a result. An injunctive relief settlement has been approved by the Court, and a proposed damages settlement has been reached and finally approved by the Court, subject to appeal by objectors.

Fair Housing

Connecticut Fair Housing Center, Inc. vs Liberty Bank Case No. 18-1654 || Press Release and Complaint The National Consumer Law Center and and the Connecticut Fair Housing Center filed a fair housing lawsuit in the United States District Court for the District of Connecticut against Liberty Bank, alleging that Liberty Bank violated the Fair Housing Act by: engaging in a pattern and practice of redlining communities where most of the residents are racial and ethnic minorities; discriminating against African – American and Latinx mortgage applicants and; discouraging African – American and Latinx mortgage applicants from applying for credit. Press Release and Settlement Agreement.

Foreclosure and Mortgage

Wilborn v. Bank One, Class Action Complaint This lawsuit challenged provisions in mortgages that allow reinstatement of a loan after default only if the homeowner brings all payments current and also pays the attorney’s fees incurred by the lender attempting to foreclose. NCLC and our co-counsel argued that these provisions were contrary to Ohio’s public policy that creditors cannot collect attorney’s fees from borrowers in debt collection actions. The Ohio Supreme Court found that because the right to reinstate was contractual, not statutory, the requirement to pay attorney’s fees was an enforceable part of the bargain. However, the Court distinguished reinstatement from other circumstances such as redemption or paying off a home equity line of credit, where the borrower pays the entire debt and no contractual relationship remains – in those circumstances, the lender cannot collect its attorney’s fees. The Ohio Supreme Court remanded the remaining portion of the case which it distinguished for trial in the Court of Common Pleas, and that the matter remains pending there for those class members who did not have their debts reinstated. Archibald v. GMAC Mortgage Class Action Complaint alleging routine use of fraudulent affidavits in foreclosures (Exhibits 1-4, Exhibits 5-25); Court Decision of the Maine S.Ct., on certified question from the U.S. District Court

Land Contracts

Horne et al. v. Harbour Portfolio et al. Horne et al v. Harbour Portfolio et al. Second Amended Complaint (N.D. GA) Horne et al v. Harbour Portfolio et al. Third Amended Complaint (N.D. GA) Opposition to Defendant Harbour’s Motion to Dismiss Second Amended Complaint Opposition to Defendant NAA’s Motion to Dismiss Second Amended Complaint Order on Motion to Dismiss Second Amended Complaint (N.D. GA)

Horne v. Harbour Portfolio, Unites States District Court for the Northern District of Georgia: Suit was brought by the Atlanta Legal Aid Society on behalf of 22 African-American residents representing 16 household. The action asserted claims of discriminatory targeting for abusive credit terms in home purchase “contract for deed” transactions extended by Harbour Portfolio. The complaint alleged that Harbour Portfolio, through both intentional targeting of African- American consumers and practices that have a foreseeable disparate impact on African- American consumers, violated the Fair Housing Act of 1968, as amended, 42 U.S.C. § 3601, et seq., the Equal Credit Opportunity Act, 15 U.S.C. § 1691, et seq., and the Georgia Fair Housing Act, O.C.G.A. § 8-3-200 et seq. NCLC subsequently joined the case as plaintiffs’ co-counsel.On March 20, 3018, the Court denied a motion to dismiss for all but one of the claims asserted (wrongful eviction). Thereafter, during on-going discovery, including subpoenas issued to Fannie Mae, requests for production of documents by the defendants and depositions of the defendant principal, the parties engaged in mediation before a U.S. Magistrate Judge. The case settled in December, 2018. The 12 households who were still living in their homes received a deed converting their contract for deed to a mortgage with title insurance, reduced interest rates, shorter repayment terms and, in some cases, principal reductions. They also received a lump sum cash payment. The four households who were evicted/no longer living in the home received separate lump sum cash payments. As part of the settlement, separate attorneys’ fees were paid to plaintiffs’ counsel of record. (More information on land installment contracts including NCLC’s 2016 report, Toxic Transactions: How Land Installment Contracts Once Again Threaten Communities of Color, here)

Military Pensions

Amos v. Advanced Funding, Inc. et al Complaint Henry v. Structured Investments Co. et al ComplaintTrial Decision (Class-action lawsuit regarding assignment of pension rights in exchange for lump sum payments) Testimony of NCLC Director of Litigation Stuart Rossman before the U.S. Senate Committee on Aging re: pension advance schemes, Sept. 30, 2015

Mortgage Related Claims

HAMP Trial Period Plan (TPP) Contract Claims

Complaint against Bank for failure to honor its agreements with borrowers to modify mortgages and prevent foreclosures under the United States Treasury’s Home Affordable Modification Program (“HAMP”).

Mortgage Discrimination by Subprime Lenders

National class action cases brought under the Fair Housing Act and the Equal Credit Opportunity Act against certain subprime mortgage lenders:

Barrett v. H & R Block Class Certification Report of Ian Ayres (redacted and publicly filed) Barrett v. H & R Block Class Certification Reply Report of Ian Ayres (redacted and publicly filed) Barrett v. H & R Block Class Certificaiton Rebuttal Report of Patricia McCoy (redacted and publicly filed) Barrett v. H&R Block Class Certification Decision Garcia v. Countrywide Financial Corporation, Class Action Complaint Ramirez v. Greenpoint-Howell Jackson Expert Report (publicly filed) Ramirez v. Greenpoint-Howell Jackson Reply Expert Report (publicly filed) Ramirez v. Greenpoint-Patricia McCoy Rebuttal Expert Report (publicly filed) In re Wells Fargo Mortgage Lending Practices Litigation, First Consolidated and Amended Class Action Complaint In re Wells Fargo Mortgage Lending Practices Litigation, Class Certification Report In re Wells Fargo Mortgage Lending Practices Litigation, Reply Class Certification Report Mortgage Securitization Discrimination

Beverly Adkins et al. v Morgan Stanley The National Consumer Law Center is co-counsel for African American plaintiffs in a prospective class action lawsuit brought against Morgan Stanley. The lawsuit claims that the Defendant violated federal civil rights laws, the Fair Housing Act and the Equal Credit Opportunity Act as well as state laws by adopting mortgage securitization policies that caused predatory lending and adversely impacted African Americans in the Detroit, Michigan area. It is the first case where a prospective class of affected homeowners victimized by subprime lending abuses has directly sued an investment bank. It is also the first lawsuit to connect racial discrimination to the securitization of mortgage-backed securities.

The Adkins v. Morgan Stanley lawsuit asserts that Morgan Stanley pursued mortgage securitization policies and practices that, through their funding of now-defunct mortgage lender New Century Mortgage Company, resulted in a significant discriminatory impact on African-American borrowers in the Detroit metropolitan area, flooding the already highly segregated community with toxic, combined-risk subprime loans in the lead-up to the collapse of the housing market in 2008. Read the expert reports submitted in support of the reverse red-lining allegations made in the case and NCLC’s issue brief detailing key findings by the experts. Appellants’ 2nd Circuit Brief (Class Certification) (November 2015) AFSCME/SEIU 2nd Circuit Amicus Brief (November 2015) NAACP Legal Defense & Educational Fund, New York Law School Racial Justice Project, Damon J. Keith Center for Civil Rights and Michigan Welfare Rights Organization 2nd Circuit Amicus Brief (November 2015) Jerome N. Frank Legal Services Organization and Michigan Poverty Law Program 2nd Circuit Amicus Brief (November 2015) Opinion and Order (May 2015) NCLC Issue Brief (Nov. 2014) Ayers Expert Report McCoy Expert Report Oliver Expert Report Sugrue Expert Report

Mortgage Satisfactions

Stromberg v. Ocwen Loan Servicing Third Amended Complaint

This putative class action seeks penalties for untimely filing mortgage loan satisfactions of record.

Mortgage Servicing Litigation

Taylor v. Ocwen Loan Servicing Complaint for Violating Chapter 13 Bankruptcy Notice of Discharge Cures

Private Child Support Collection Agencies

Zipperer v. Supportkids, Inc. (Complaint and Court Decision and Order)

Refund Anticipation Loan Cross Lender Debt Collection

Order After Hearing: Preliminary Approval of Class Settlement Settlement Agreement FAQ Press Release (March 18, 2003) Hood v. Santa Barbara Bank & Trust Complaint

Small Loans at High Cost

Anderson v. Native American Loan Co. – Complaint for unlawful trade practices in connection with tax refund anticipation loans. Daye v. Speedy Loans– Complaint and Judgment for unlawful trade practices in connection with disguised payday loans. Chester v. Tancorde – Complaint and Class Action Settlement against small loan company for violations of TILA. Tullie v. T & R Market – Complaint and Class Action Settlement against pawnbroker for TILA and state law violations In re: Chase Bank USA, N.A. “Check Loan” Contract Litigation, Master Class Action Complaint

Student Loans

Menendez v. DeVos and the US Department of Education, Complaint. The Legal Aid Foundation of Los Angeles and National Consumer Law Center filed a lawsuit in federal court against the U.S. Department of Education and Secretary Betsy DeVos on behalf of three student loan borrowers defrauded by the for-profit Marinello Schools of Beauty (“Marinello”). At the time of its closure, Marinello had 56 campuses throughout California, Connecticut, Kansas, Massachusetts, Nevada, and Utah. The complaint challenged the Department’s delay of student loan borrower defense regulations. Shortly after the case was filed, the Department mooted it by granting discharges to the three named plaintiffs. National Consumer Law Center v U.S. Department of Education, April 17, 2019, Complaint and Press Release The National Consumer Law Center (NCLC) filed a Freedom of Information Act (FOIA) complaint against the United States Department of Education (ED) in the Unites States District Court for the District of Massachusetts (C.A. No. 1:19-cv-10739). In the action NCLC seeks to have the ED produce a copy of its contract (including related amendments) with the Pennsylvania Higher Education Assistance Agency (PHEAA), one of the private student loan servicing companies with whom ED contracts to handle billing and other services for federal student loans. The U.S. Department of Justice and ED have stressed the importance of the requested materials, citing the contract as a basis to support their pronouncement that state regulators and law enforcement agencies are prohibited from enforcing state consumer protection statutes against student loan servicers. To date, however, nine (9) months after NCLC filed a FOIA Request on July 18, 2018 seeking the release of ED’s contract and related documents arising from its relationship with PHEAA, ED has not communicated to NCLC its determination as to NCLC’s Request, nor provided NCLC with any responsive documents as required by FOIA. NCLC has requested the Court to declare that ED has violated FOIA by its failure to timely respond to NCLC’s Request and its failure to make the requested records promptly available and to order ED to make the requested records available to NCLC without further delay. National Consumer Law Center v U.S. Department of Education, April 19, 2018, Complaint and Press Release The National Consumer Law Center filed a lawsuit in the U.S. District Court for Massachusetts against the U.S. Department of Education for records related to its purported justification for delaying implementation of a rule to protect student loan borrowers from school fraud and abuse, including records of communications between agency officials and representatives of the for-profit college industry. NCLC filed a FOIA request for these records last summer and received limited, heavily redacted materials in response. NCLC asks the court to declare that the Department’s search was inadequate and its withholding of the records is unlawful, and to order the agency to make the requested records available without delay. Public Citizen is serving as co-counsel on the case. Case against the United States Department of Education The National Consumer Law Center is co-counsel in a Freedom of Information Act suit requesting public records of the U.S. Department of Education regarding race and debt collection practices of third-party debt collectors hired by the Department.Complaint, Exhibit 1 (FOIA request, May 7, 2015), Exhibit 2, Exhibit 3, and Exhibit 4, and Press Release Bible v. United Student Aid Funds, Inc – Case Number 1:13-cv-00575, U.S. District Court, S.D. Indiana. A $23 Million dollar settlement was approved in this class action asserting that United Student Aid Funds, a non-profit guarantor for certain student loans, unlawfully imposed collection costs on student loan borrowers like Plaintiff. Plaintiffs’ contention was that the Higher Education Act, which is incorporated in the parties’ promissory note, provides that collection costs cannot be imposed if a borrower enters into a rehabilitation agreement within 60 days of default. Defendants argued that the applicable regulations should be interpreted to permit the imposition of such costs. The case had gone up to the 7th Circuit Court of Appeals, which in a split decision, reversed dismissal of the suit. USAF then filed a non-frivolous affirmative suit against DoE to strike down its favorable interpretation of the regulation on APA grounds. Nevertheless, mediation before a retired federal judge led to a favorable settlement for the class.

Purchase and Assumption Agreements

1st American State Bank 1st Centennial Bank 1st Pacific Bank of California Access Bank Affinity Bank All American Bank (amendment) Allegiance Bank of North America Alliance Bank Alpha Bank & Trust Amcore Bank Ameribank Inc., OH Ameribank, Inc. WV Americanfirst Bank American Eagle Savings Bank American Marine Bank American National Bank American United Bank AmTrust Bank Appalachian Community Bank Atlantic Bank and Trust Atlantic Southern Bank BankEast (TN) Bank of Bonifay Bank of Choice Bank of Clark County Bank of Commerce Bank of Ellijay Bank of Elmwood Bank of Florida-Southeast Bank of Florida-Southwest Bank of Florida-Tampa Bank of Hiawassee Bank of Illinois Bank of Leeton Bank of Lincolnwood Bank of Shorewood Bank of the Commonwealth Bank of Whitman Bank of Wyoming BankFirst BankMeridian, N.A. Bankunited (addendum) Bank USA Barnes Banking Company Bartow County Bank Bay National Bank Bayside Savings Bank BC National Banks Beach First National Bank Benchmark Bank Blue Ridge Savings Bank, Inc. Bradford Bank Bramble Savings Bank Brickwell Community Bank Broadway Bank Broadway Bank – Evaluation of Closing Buckhead Community Bank Butler Bank Butte Community Bank California National Bank CapitalSouth Carson River Community Bank Central Bank of Georgia Central Progressive Bank Century Bank, FSB Century Security Bank CF Bancorp Champion Bank Charter Bank Charter National Bank and Tust Charter Oak Bank Citizens Bank and Trust Company of Chicago Citizens Bank of Effingham Citizens Bank of Northern California Citizens National Bank Citizens State Bank City Bank Coastal Bank Coastal Community Bank Colonial Bank Colorado Capital Bank Colorado National Bank Columbia State Bank Commerce Bank of Southwest Florida Community and Security Bank Community Bank & Trust Community Bank of Arizona Community Bank of Lemont Community Bank of Nevada Community Bank of Rockmart Community Banks of Colorado Community Central Bank Community Capital Bank Community First Bank Community National Bank at Bartow Community National Bank of Sarasota County Coopertive Bank Copper Star Bank Corn Belt Bank and Trust Company Cortez Community Bank Corus Bank Country Bank (Aledo, IL) County Bank Covenant Bank & Trust CreekSide Bank Crescent Bank and Trust Company Decatur First Bank Darby Bank Trust Co. Desert Hills Bank Downey Savings and Loan Association Dwelling House Savings and Loan Association Ebank Elizabeth State Bank Eurobank Evergreen Bank Federal Savings Bank Fidelity Bank First BankAmericano First Bank of Jacksonville FirstBank Financial Services First Banking Center First Chicago Bank & Trust First Choice Bank First Choice Community Bank First Commerce Community Bank First Commercial Bank of Tampa Bay First Coweta First Dupage Bank First Federal Bank of California First Federal Bank of North Florida First Georgia Banking Company First Guaranty Bank and Trust Company at Jacksonville First Heritage Bank (CA) First Heritage Bank (WA) First International Bank First Lowndes Bank First National Bank of Danville First National Bank of Carrollton, Georgia First National Bank of Central Florida First National Bank of Davis First National Bank of Florida First National Bank of Olathe First National Bank of Savannah, Georgia First National Bank – Mississippi First National Bank of Nevada First National Bank of the South, Spartanburg, SC First Peoples Bank First Piedmont First Priority Bank First Regional Bank First Security National Bank First Southern National Bank First State Bank (FL) First State Bank (AZ) First State Bank (NJ) First State Bank of Altus First State Bank of Winchester First Suburban National Bank First Vietnamese American Bank Flagship National Bank Florida Community Bank Fort Lee Federal Savings Bank, FSB Founders Bank Franklin Bank Freedom Bank Freedom Bank of Georgia Frontier Bank Gateway Bank George Washington Savings Bank Georgian Bank Global Commerce Bank Granite Community Bank, N.A. Greater Atlantic Bank Guaranty Bank Gulf State Community Bank Habersham Bank Haven Trust Bank Haven Trust Bank (Florida) Heritage Banking Group Heritage Community Bank High Desert State Bank High Trust Bank Hillcrest Bank (Florida) Hillcrest Bank (Kansas) Home National Bank Home Valley Bank Horizon Bank Horizon Bank (FL) Horizon Bank (WA) Imperial Capital Bank Imperial Savings and Loan Association Independent Bankers’ Bank IndyMac Master Purchase Agreement (March 18, 2009) IndyMac (July 11, 2008) IndyMac Loan Sale Agreement between FDIC and OneWest Bank Innovative Bank Integra Bank National Association Integrity Bank Irwin Union Bank, FSB Irwin Union Bank and Trust Company ISN Bank Jennings State Bank K Bank Key West Bank La Jolla Bank, FSB LandMark Bank of Florida Legacy Bank Liberty Bank LibertyPointe Bank Lincoln Park Savings Bank Los Padres Bank Lydian Private Bank Madisonville State Bank Mainstreet Savings Bank, Hastings, MI Main Street Bank Northville, MI Mainsteet Bank (MN) Marco Community Bank Maritime Savings Bank Marshall Bank McIntosh Commercial Bank McIntosh State Bank Meridian Bank Metro Bank of Dade County MetroPacific Bank Mid City Bank Midwest Bank and Trust Company Millennium State Bank Mirae Bank Mountain Heritage Bank Mutual Bank National Bank of Commerce Neighborhood Community Bank Nevada Commerce Bank Nevada Security Bank New Century Bank New Horizons Bank New Liberty Bank New South Federal Savings Bank Nexity Bank North County Bank North Houston Bank Northwest Bank and Trust Ocala National Bank Old Harbor Bank Old Southern Bank Olde Cypress Community Bank Omni National Bank Pay Agent Agreement One Georgia Bank Orion Bank Pacific Coast National Bank Pacific National Bank Pacific State Bank Palos Bank and Trust Company Park National Bank Partners Bank Patriot Bank of Georgia Patriot Bank of Minnesota Peidmont Community Bank Peninsula Bank Peoples Community Bank Peoples First Community Bank Peotone Bank and Trust Company PFF Bank and Trust Pierce Commercial Bank Pinehurst Bank Pinnacle Bank of Oregon Polk County Bank Premier American Bank Premier Bank Premier Bank, IL Premier Comunity Bank of the Emeral Coast Progress Bank of Florida Prosperan Bank Public Savings Bank R-G Premier Bank of Puerto Rico Rainier Pacific Bank Ravenswood Bank Republic Federal Bank Riverside Bank of the Gulf Coast Riverside National Bank Riverview Community Bank Rock River Bank Rosemount National Bank Sanderson Bank San Diego National Bank San Joaquin Bank San Luis Trust Bank Satilla Community Bank SCB Bank Security Bank of Jones, Houston, Bibb, North Metro, North Fulton, and Gwinnett Counties Security Pacific Bank Security Savings Bank Security Savings Bank F.S.B. Sherman County Bank ShoreBank Shoreline Bank Signature Bank Silver Falls Bank Silver State Bank Solutions Bank Sonoma Valley Bank Southern Colorado National Bank Southern Community Bank Southshore Community Bank Southwest Community Bank SouthwestUSA Bank St. Stephen State Bank State bank of Aurora Statewide Bank Sterling Bank Suburban Federal Savings Bank Summit Bank (AZ) Summit Bank (WA) Sun American Bank Sun Security Bank Sun West Bank SunFirst Bank Superior Bank Tamalpais Bank TeamBank Temecula Valley Tennessee Commerce Bank The Columbian Bank and Trust Company The Community Bank The Cowlitz Bank The First National Bank of Barnesville The First State Bank (Stockbridge, GA) The Gordon Bank The John Warner Bank The La Coste National Bank The Park Avenue Bank (NY) The Park Avenue Bank (GA) The Peoples Bank The RiverBank The Tattnall Bank Thunder Bank TierOne Bank Tifton Banking Company Town Community Bank & Trust Towne Bank of Arizona Turnberry Bank Union Bank United Commercial Bank United Security Bank Unity National Bank USA Bank Valley Capital Bank Valley Community Bank Vantus Bank Venture Bank Virginia Business Bank Vineyard Bank Wakulla Bank WaMu Warren Bank Washington First International Bank Washington Mutual Bank Waterfield Bank WaterFord Village Bank WestBridge Bank & Trust Company Western Commercial Bank Western National Bank Western Springs National Bank and Trust Westernbank Puerto Rico Westsound Bank Wheatland Bank Williamsburg First National Bank Woodlands Bank