Regulation in Litigation: Impact on Consumer Cases of Overruling “Chevron Deference”

In June, the U.S. Supreme Court, in Loper Bright Enterprises v. Raimondo, eliminated the doctrine known as “Chevron deference.” Under that doctrine, courts considering challenges to agency action deferred to the agency’s statutory interpretation, if the statute did not answer the question and the agency’s statutory reading view was reasonable.

The absence of Chevron deference may transform how federal agencies evaluate and issue regulations, and even how Congress drafts legislation. But how does it affect attorneys representing consumers in private cases? This webinar will discuss the breadth and limitations of Loper Bright on judicial review of agency action, as well as the implications for evaluating, strategizing, and litigating consumer law cases.

Participants are invited to submit questions in advance to [email protected].

What You Will Learn

• • How the new regulatory landscape will affect private cases
  • How to evaluate consumer statutes in the context of the Loper Bright holding
  • What factors to consider in defending (or not) existing regulation in litigation
  • What are potential or parallel impact on state statutes and regulation

Speakers

Christine Hines is senior policy director at the National Association of Consumer Advocates, where she advocates before federal agencies and Congress on a variety of consumer protection issues, generally covering unfair, deceptive and fraudulent business practices in auto sales, financial products and services, and other industries. Christine speaks regularly on event panels and writes policy papers on economic justice issues, mainly discussing unfair contract provisions and dishonest sales practices in the marketplace. She is a contributor to Public Citizen Litigation Group’s Consumer Law & Policy Blog and a 2023 recipient of National Consumer League’s Consumer Champion award. Before joining NACA, she was consumer and civil justice counsel at Public Citizen, primarily covering policies relating to consumer product safety and access to courts. Christine received her law degree at the University of Virginia School of Law, a Master’s in Public Affairs Reporting at the Philip Merrill College of Journalism, University of Maryland, and her bachelor’s in political science at American University in Washington, DC.

Phillip Robinson is a solo litigator from Silver Spring, Maryland. He is a recognized consumer litigator in the areas of mortgage servicing, foreclosure defense, and debt collection practices. Currently in private practice at the Consumer Law Center LLC, Phillip’s state and nationwide practice concentrates in the areas of aiding homeowners with sustainable solutions who have fallen victim to unfair, deceptive or otherwise illegal consumer practices by mortgage services, lenders, and debt buyers. Phillip served as co-trial counsel in a multi-million-dollar jury verdict against LVNV on behalf of a class of 1,589 Maryland consumers; this case was affirmed as to liability on appeal and a new trial will consider damages.  Previously, Phillip served as Executive Director for the award-winning Civil Justice Inc. Also, while at Civil Justice Phillip served as a lead training for Maryland’s Foreclosure Prevention Pro Bono Project where he trained over 2,000 Maryland attorneys volunteering to aid homeowners. Phillip has been appointed to numerous boards and advisory committees and in 2008 was recognized as the Maryland Consumer Advocate of the Year by the Maryland Consumer Rights Coalition. In 2016 he was also recognized as NACA’s Consumer Advocate of the Year.

Allison M. Zieve is the director of Public Citizen Litigation Group and of the Group’s Supreme Court Assistance Project. Founded in 1972, the Litigation Group is the litigation arm of the nonprofit consumer advocacy organization Public Citizen. Allison’s practice addresses administrative law, consumer health and safety, access-to-courts issues, the first amendment, and open government. She has argued five cases before the U.S. Supreme court and many more before federal district and appellate courts. In addition to litigating, Allison serves as a senior member of the Administrative Conference of the United States, a member of the American Law Institute, and a judge of the American Constitution Society’s annual Cudahy Writing Competition on Regulatory and Administrative Law. She has taught courses as an adjunct professor at Yale Law School, Georgetown University School of Law, and American’s University’s Washington College of Law. Allison is a graduate of Brown University and Yale Law School.

If you have purchased the webinar, you can click here to watch it on the day of the webinar.