In the fight against predatory lending, the courts are a key battleground. CRL monitors cases that could set precedent; submits legal briefs on key legal issues; and works with partners on litigation aimed at strengthening protections against abusive lending.
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- State attorneys general can punish federally chartered banks for violating state laws
August 5, 2005
CRL's amicus briefs in support of the New York Attorney General in Cuomo v. The Clearing House Association, L.L.P. CRL, along with a number of consumer groups, argues that the National Bank Act's "visitorial powers" provision does not prohibit the New York Attorney General from enforcing the state's anti-discrimination law against national banks concerning their mortgage lending practices, and that the Office of the Comptroller of Currency's regulation treating this as prohibited is invalid. CRL participated in this case before the U.S. District Court, the U.S. Court of Appeals for the Second Circuit, and the U.S. Supreme Court.
- Predatory lending class action settlements cannot provide unfair terms to the bulk of borrowers
July 15, 2005
CRL's amicus brief in support of intervenors/class members in Stackhouse v. McNight. CRL argues the approved settlement to this class action provides inadequate relief and protections to the bulk of the class members whose predatory lending claims are included before the U.S. Court of Appeals for the 2d Circuit. The Court of Appeals reversed the District Court's approval of the settlement in an unpublished February 2006 decision appearing at 168 F. App'x 464.
- Each payment on a loan with an excessive origination fee violates North Carolina law
February 11, 2005
CRL and other consumer groups filed a brief amici curiae in a Supreme Court case about mandatory arbitration.