If you must have your day in court, make it a good day

Legal malpractice, unjust enrichment, or just bad lawyering?

| Jan 21, 2014 | Uncategorized |

Arguing that the Consumer Financial Protection Bureau did not have jurisdiction did not help make this lawsuit disappear. Legal malpractice on behalf of the defendant or just bad lawyering?

CFPB suit against debt settlement firm will proceed

January 17 2014. Provided by

BuckleySandler LLP on

Lexology.com.

On January 10, a federal judge

denied a debt settlement company’s motion to dismiss a CFPB enforcement action

pending in the Central District of California, in which the company challenged the constitutionality of the CFPB’s powers. Consumer Fin. Protection Bureau v. Morgan Drexen, Inc., No. 13-1267, slip op. (C.D. Cal. Jan. 10, 2014). The

CFPB action asserts violations of the  Telemarketing Sales Rule (TSR) and the Consumer Financial Protection Act (CFPA), alleging that the company disguised illegal upfront fees assessed for debt settlement services as bankruptcy-related charges and deceived consumers into believing they would become debt free when only “a tiny fraction” of its customers actually do. In denying the company’s motion to dismiss, the California court found that the CFPB’s lawsuit asserts valid claims under both the TSR and the CFPA, and that the agency’s formation and exercise of authority is constitutionally permissible under Articles I, II, and III.The debt settlement company previously raised in a

separate lawsuit the constitutional claims and claims that the CFPB had “grossly overreach[ed] its authority” in the investigation on which the enforcement action is based, asserting that the agency lacks authority to regulate the law firms supported by the debt settlement service provider and that the information demanded by the CFPB—disclosed to lawyers by clients seeking advice regarding bankruptcy—was protected by the attorney-client privilege. That suit was

dismissed in October 2013 in favor of the CFPB’s California-filed action.

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He actually persuaded me not to settle because he believed that we had a great case. So we took the case to trial and he fought like crazy for me. And we won! It was a really good experience —well, as much as it can be for a lawsuit — and I’m very happy I went with them. I’ve been really blessed to have him as my attorney, so I recommend him whenever I can.”

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He actually persuaded me not to settle because he believed that we had a great case. So we took the case to trial and he fought like crazy for me. And we won! It was a really good experience —well, as much as it can be for a lawsuit — and I’m very happy I went with them. I’ve been really blessed to have him as my attorney, so I recommend him whenever I can.”

— Yelp.com review by Daniel M.

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