Cash Advance and Preferred Cash Loans v. State of Colorado ex rel. John W. Suthers, Attorney General for the State of Colorado, and Laura E. Udis, Administrator, Uniform Consumer Credit Code
Payday lenders, one of the main players in the “fringe banking” industry, target vulnerable borrowers who cannot access traditional sources of credit and, rather than helping them handle a short-term…
Read MoreWilma L. Ruby v. Cashnet, Inc., d/b/a Cash Advance Centers, The Supreme Court of Virginia, Case No. 100287, March 22, 2010
Pursuant to Rule 5:30 of the Rules of the Virginia Supreme Court and with the approval of this Court, the National Association of Consumer Advocates (NACA) and the Virginia Poverty…
Read MoreRent-A-Center West, Inc v. Antonio Jackson, The Supreme Court of the United States, No. 09-497, March 31, 2010
The U.S. Court of Appeals for the Ninth Circuit correctly held below that, under the FAA, a court must decide a threshold dispute over whether an arbitration clause is enforceable…
Read MoreVirginia Circle v. Chase Bank USA, N.A., U.S. Court of Appeals for the Eighth Circuit, on Appeal from The United States District Court, Western District of Missouri.
NACA and NCLC have filed this brief out of concern that two recent Missouri appellate cases directly conflict with this Court’s decision of October 6, 2009. The two Missouri cases…
Read MoreKaren L. Jerman, Petitioner, v. Carlisle, McNellie, Rini, Kramer & Ulrich, LPA and Adrienne S. Foster, Respondents; Supreme Court of the United States, No. 08-1200.
Under the Fair Debt Collection Practices Act, a debt collector may avoid liability by showing beyond a preponderance of the evidence that its violation of the Act “was not intentional…
Read MoreCases 08-13510-BB and 08-13616-BB (consolidated), Bobbie Harris v. Mexican Specialty Foods, Inc. and Julie Best Grimes v. Rave Motion Pictures, Birmingham, LLC et al, In The United States Court of Appeals For The Eleventh Circuit
Congress’s findings and statement of purpose when it enacted the FCRA, its ongoing oversight, and its recent amendments demonstrate the significance it rightly placed on the integrity and confidentiality of…
Read MoreChase Bank N.A. v. Vincent L. Leggio, Court of Appeal, Second Circuit, State of Louisiana, Civil Case, Docket Number 43,567-CA
NACA is concerned about the increasing use of private, secret arbitration proceedings before the National Arbitration Forum (NAF) to collect consumer debts. In this particular case, NACA is concerned with…
Read MoreNCO Portfolio Management Company, Inc. v. Bertram Gougisha, Court of Appeal, Fifth Circuit, State of Louisiana, No. 07-CA-604 and 07-CA-884
Case involves issues of substantial public interest that should be clarified by the court, including that an arbitrator cannot declare their own jurisdiction, and that a party seeking to confirm…
Read MoreAmicus Brief filed in the case of Irene Hoffman, et al, v. Northern States Power Company, D/B/A Excel Energy, No. A062275 of the State of MInnesota Supreme Court
The Lower Court created new law when it barred judicial rate interpretation and ignored this court’s binding precendent to the contrary. The Lower Court’s ruling would deprive Minnesota courts of…
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