Author: CAPS Admin (page 1 of 40)

CAPS Members Submit Comment to HUD on Disparate Impact

Berkeley Law students and CAPS members Brenna Kearns (3L), Snehee Khandeshi (2L), and Tal Solovey (1L) submitted a public comment to the U.S. Department of Housing and Urban Development on the Fair Housing Act’s Disparate Impact standard. In it, the students argued that the HUD must not allow housing providers, lenders, insurers and a host of other actors to evade liability for the discriminatory effects of their policies by hiding behind algorithmic models and declining to collect data.

CAPS Student Comment HUD Disparate Impact

CAPS Members Submit Comment to CFPB on Regulation F

Second-year Berkeley Law students and CAPS members Julia Butts, Samson Lim, and Daniel Twomey submitted a public comment on Regulation F (Debt Collection Practices) to the Consumer Financial Protection Bureau.  In it, the students proposed  three modifications to the proposed rules to protect debtors from abuse. First, the rules need to be modified to protect consumers from phishing and smishing scams. Second, the rules should require individuals to consent before receiving electronic messaging from debt collectors. Third, the rules should take concrete steps to ensure that low English proficiency consumers are informed of their rights in a language-appropriate manner.

CAPS_Public_Comment_on_CFPB_Debt_Collection_Practices

CAPS Members Submit Comment to FTC on Consumer Privacy

First-year Berkeley Law students and CAPS members Angela Moon, Ari Chivukula, and Marta Studnicka submitted a comment to the Federal Trade Commission on Competition and Consumer Protection.  In it, the students argued that the U.S. must maintain the market it built by properly policing: (1) the type and sensitivity of data companies can collect and transfer; (2) how the data can be used; (3) how the data can be secured; and (4) how consumers are notified of data collection and use.

”[CAPS
Public Comment for FTC on Consumer Privacy”]

CAPS Members Submit Comment to CFPB on the 2017 Rule

First-year Berkeley Law students and CAPS members Vivek Banerjee and Dan Noel submitted a public comment on behalf of CAPS  to the Consumer Financial Protection Bureau on the implementation of the 2017 “Payday, Vehicle Title, and Certain High-Cost Installment Loans” Rule (the “Final Rule”). The students provided four reasons to support implementation. First, the Final Rule fulfills the Bureau’s statutory mandate under the Dodd-Frank Act to “identify and prevent unfair, deceptive, or abusive acts or practices.” Second, the Final Rule shifts the burden to lenders to assess a consumer’s ability to repay, in acknowledgment of the limited choices indebted consumers actually have. Third, the Final Rule only constrains products identified by the Bureau as unfair and abusive, leaving space for lenders to innovate new ways of meeting consumer needs. And fourth, the Final Rule sufficiently seeks to minimize market impact without compromising the Bureau’s core mission of consumer protection.

CFPB_RIN 3170-AA80

 

Community

CAPS Members Submit Comment to FCC on Soundboard Technology

First-year Berkeley Law students and CAPS members Ted Lee, Samson Lim, and Oscar Sarabia Roman have submitted a public comment on behalf of CAPS and in conjunction with the UC Berkeley Center for Consumer Law & Economic Justice. The FCC and NorthStar Alarm Systems, LLC sought clarification that the Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227) did not prohibit the use of soundboard technology (i.e., the use of “prerecorded message” by live telemarketers).  The students argued that the TCPA prohibits the use of the technology because it falls squarely under the Act’s ban on the use of “artificial or prerecorded voice.” The comment can be found here.

public comment

Testimonials

Self-Help Materials

Have You Been Sued Over A Debt?

If You Have Received a Summons and Complaint Giving You Notice of a Lawsuit, You Have Options
  • File an Answer. Filing an answer means responding to the lawsuit. This protects your right to a trial and allows you to make the debt collector prove in court that you owe them money. If you file an answer, you can still settle the case before trial.
  • File a Different Response. If there is a fundamental legal problem with the debt collector’s lawsuit, you may want to file a demurrer or other response challenging the legal basis for the lawsuit. To do this successfully, you will need a lawyer.
  • Do Not Respond. Not filing an answer means that you will lose your right to deny the claims against you in the lawsuit. This may result in a “default judgment,” which means that the court will order you to pay the debt or even allow the debt collector to take part of your wages without a trial.
  • If you did not file an answer and have received notice of a default judgment against you, you can file a “Motion to Set Aside Default Judgment” to re-open the case and defend yourself. You must have a good excuse (“good cause”) for not responding to a lawsuit if you want the court to grant the motion – for example, if you never received notice or if you were in the hospital when you were supposed to respond. If you receive a notice of default judgment or a notice that your paycheck is being garnished or your bank account levied for a lawsuit you didn’t know about, seek the help of a lawyer.
To File an Answer
  • You must file an answer within 30 days of the day someone delivers the summons and complaint to you. If it has been more than 30 days, you may still be able to file an answer so long as a default has not been entered against you.  To file an answer, you can fill out an Answer form (PLD-C-010) (http://www.courts.ca.gov/documen ts/pldc010.pdf).
  • If the complaint is verified, which means the facts in the complaint were sworn to under penalty of perjury, you will need to go through the complaint and deny every paragraph that is false under box 3(b)(1). If you are not certain that a statement is true, list the paragraph under box 3(b)(2). Most debt collection complaints are not verified, which means you should mark box 3(a) generally denying all the allegations in the complaint and not list any paragraphs.
  • Next, you should list any affirmative defenses in box 4 or list them in an attachment labeled attachment 4. For example, you can explain your debt was discharged in bankruptcy, that plaintiff is demanding more than you owe, or that plaintiff is not the legal owner of your debt. For a list of other possible affirmative defenses, see http://saclaw.org/wp-content/uploads/2015/03/ Attach4.pdf.
  • Last, you must sign your answer, have it served on the opposing attorney, and file it with the Court at the courthouse identified on the summons and complaint.
  • To serve the answer, ask a trusted friend or adult family member can fill out a Proof of Service by First-Class Mail – Civil form (POS-030). This person should send a copy of your answer to the opposing party as instructed on the form along with a copy of the proof of service form. Do not mail the original.
  • To file the answer, you will need to bring the original and a copy of the answer and proof of service to the clerk at the courthouse identified in the summons and complaint. The clerk will keep the original and stamp your copy and return it to you for your records.
  • There is a fee for filing an answer, but you may qualify for a fee waiver. You can find the waiver form at http://www.courts.ca.gov/documents/fw0 01.pdf or by asking the court clerk.

Case Management Conference (“CMC”)

  • A CMC is a meeting between you, the judge, and the opposing party (usually the debt collector’s lawyer) where the judge will ask questions about the case and set a date for trial. You must attend the CMC unless the Judge issues a tentative ruling that you do not need to appear. For more information on how to check a tentative ruling, please inquire at the self-help center. Look out for the notice of your CMC in the mail after you file your answer.
  • You or your lawyer must “meet and confer” with the lawyers on the other side no later than 30 days before the CMC. If you don’t have a lawyer, you may receive a call from the debt collector or debt collector’s lawyer to discuss the case. Remember that this person’s job is to try to get you to agree to pay the debt. You are not required to agree to a settlement or admit any facts to the other party when you meet and confer.
  • You must file a Case Management Statement (CM-110) with the court and serve the opposing party no later than 15 days before your scheduled CMC. See above for information about preparing and filing a proof of service.
  • You will need to decide if you want to select any form of Alternative Dispute Resolution (ADR), which is a way of trying to settle the case with the help of another lawyer or third party not involved in the case. There are different choices for ADR, and it is important to understand them before you agree to try any of the options. You will get a packet in the mail describing ADR options along with information about your Case Management Conference (see below). You can find more about ADR on the “Negotiation and Settlement” information sheet.
  • At your CMC, you do not need to admit to anything or agree to settle. It is OK to say, “I don’t know” or “I need to talk to a lawyer” if the judge or opposing party asks you a question you are unsure about. If you have questions, ask the judge calmly and respectfully, and the judge will help you understand the process.
  • Take good notes and ask questions at your CMC if you are unsure of anything. Before you leave your CMC, know what you need to do next. After your CMC, you will still be able to choose to go to trial or to try to settle the case with the debt collector.
Important Documents:
 

2018 Consumer Law Jobs

Fall Public Policy Externship (26455)

Facebook (Menlo Park, CA)

Facebook is seeking highly organized, motivated, and detail‐ oriented undergraduate and graduate students to join our Public Policy team in Washington, DC as full-time contracted externs. The Facebook DC office … view details
POSITION TYPE:
Academic-Year Internship or Externship

Intern – Fall, Spring, Summer (26439)

US Department of Justice, Consumer Protection Branch (Washington, DC)

The Consumer Protection Branch (CPB) is responsible for protecting the health, safety, and economic security of the American consumer. CPB leads the Justice Department’s efforts to enforce federal consumer protection … view details
POSITION TYPE:
Academic-Year Internship or Externship, Summer (clerk/intern/extern/summer associate)

Clients’ Rights Advocate (26418)

Disability Rights California (Sacramento, CA)

Disability Rights California has entered into a contract with the Department of Developmental Services (DDS), State of California, to provide Clients’ Rights Advocacy services at each of the 21 regional … view details
POSITION TYPE:
Full-Time Temporary (Post-Graduate)

Associate Attorney (26402)

Sanford Heisler Sharp LLP (San Francisco, CA)

Sanford Heisler Sharp, LLP is a public interest class-action litigation law firm with offices in New York, Washington, DC, San Francisco, Nashville, and San Diego.  The Firm’s team is a … view details
POSITION TYPE:
Full-time Permanent

Fall Externship (26390)

Legal Aid of Marin (San Rafael, CA)

Legal Aid of Marin provides civil legal services—including legal representation, advice and referrals, and community education—to low-income and senior residents of Marin County.  In particular, we assist Marin County’s most … view details
POSITION TYPE:
Academic-Year Internship or Externship

Litigation Attorney (26356)

Consumer Watchdog (Los Angeles, CA)

Consumer Watchdog’s Legal Project staff attorneys represent consumers in high-profile litigation before the courts and administrative agencies with a particular focus on health and other insurance matters. Staff attorneys are … view details
POSITION TYPE:
Full-time Permanent

Summer Legal Fellow (26353)

Funding Circle (San Francisco, CA)

Funding Circle seeks an entrepreneurial and results-driven Legal Fellow to join our rapidly growing team for the Summer of 2018. The Legal Fellow will quickly become an integral part of … view details
POSITION TYPE:
Summer (clerk/intern/extern/summer associate), Summer Fellowship (funding only)

Legal Intern – Compliance (26340)

Intuit Inc. Corporate Headquarters (Mountain View, CA)

Intuit is looking for a highly motivated, second year or third year law student to serve as an intern in our Legal Department. The Law Student Intern would be assigned … view details
POSITION TYPE:
Summer (clerk/intern/extern/summer associate)

Business & Finance Associate (Salt Lake City) (25030)

Ballard Spahr LLP (Philadelphia, PA)

Our Salt Lake City office is seeking an associate to join our Business and Finance Department.  Qualified candidates will have two to four years of experience in mergers and acquisitions, … view details
POSITION TYPE:
Full-time Permanent

Staff Attorney – HCC (26213)

Neighborhood Legal Services (Glendale, CA)

Join the Neighborhood Legal Services of Los Angeles County (NLSLA) and become part of an energetic team of advocates that provides a wide-range of legal services aimed to address issues … view details
POSITION TYPE:
Full-time Permanent

Staff Attorney – Housing (26214)

Neighborhood Legal Services (Glendale, CA)

Join the Neighborhood Legal Services of Los Angeles County (NLSLA) and become part of an energetic team of advocates that provides a wide-range of legal services aimed to address issues … view details
POSITION TYPE:
Full-time Permanent

Staff Attorney – LAHSA (26215)

Neighborhood Legal Services (Glendale, CA)

Join the Neighborhood Legal Services of Los Angeles County (NLSLA) and become part of an energetic team of advocates that provides life changing legal services to address the critical issues … view details
POSITION TYPE:
Full-time Permanent

Deputy Grants Fundraising Director for The Public Interest Network (23741)

State Public Interest Research Group (Boston, MA)

The Public Interest Network is home to more than 16 organizations, including PIRG, Environment America and the National Environmental Law Center. Each of our groups has its own mission, whether … view details
POSITION TYPE:
Full-time Permanent

Grants Department Fundraiser for The Public Interest Network (23742)

State Public Interest Research Group (Boston, MA)

The Public Interest Network is home to more than 16 organizations, including PIRG, Environment America and the National Environmental Law Center. Each of our groups has its own mission, whether … view details
POSITION TYPE:
Full-time Permanent

Fall Internship (26187)

Open Door Legal (San Francisco, CA)

Open Door Legal is pioneering the country’s first system of universal access to civil representation and working to show that when everyone has access to the law, poverty can be … view details
POSITION TYPE:
Academic-Year Internship or Externship

Staff Attorney (26156)

Legal Action Center (New York, NY)

The Legal Action Center (LAC) seeks a full time Staff Attorney in its New York office to conduct cutting-edge litigation, direct legal services, and education in furtherance of LAC’s mission. About the … view details
POSITION TYPE:
Full-time Permanent

Judicial Law Clerk (26040)

Circuit Court of Cook County (Chancery Division) (Chicago, IL)

LAW CLERK Chicago, IL CIRCUIT COURT OF COOK COUNTY http://www.cookcountycourt.org/ Circuit Court of Cook County www.cookcountycourt.org Organization of the Circuit Court; Office of the Chief Judge. Court Related Services. Office … view details
POSITION TYPE:
Judicial Clerkship (Post-Graduate)

Summer Intern (26023)

California Department of Insurance (San Francisco, CA)

The California Department of Insurance is the largest consumer protection agency in California. Under the supervision of experienced attorneys, law student interns working at the Department get hands-on experience in … view details
POSITION TYPE:
Summer (clerk/intern/extern/summer associate)

NAGTRI Externship Program (26017)

National Association of Attorneys General (Washington, DC)

What is NAGTRI? The National Attorneys General Training and Research Institute (NAGTRI) is the training and research arm of the National Association of Attorneys General, providing state attorneys general staff … view details
POSITION TYPE:
Academic-Year Internship or Externship

NAGTRI Visiting Fellows Program (26020)

National Association of Attorneys General (Washington, DC)

What is NAGTRI? The National Attorneys General Training and Research Institute (NAGTRI) is the training and research arm of the National Association of Attorneys General providing state attorneys general staff … view details
POSITION TYPE:
Post-Graduate Fellowship

Staff Attorney (25899)

Northwest Justice Project (Wenatchee)

Staff Attorney – Wenatchee Office The Northwest Justice Project (NJP) is a not-for-profit statewide law firm that pursues its mission through legal representation, community partnerships, and education to combat injustice … view details
POSITION TYPE:
Full-time Permanent

Volunteers (25391)

Open Door Legal (San Francisco, CA)

Open Door Legal (formerly Bayview/Hunters Point Community Legal) is working to prove that the law can work for everyone by creating the country’s first system of universal access to civil … view details
POSITION TYPE:
Academic-Year Internship or Externship, Part-time, Spring Interview Program, Summer (clerk/intern/extern/summer associate)

Spanish-Speaking Tenants’ Rights Hotline Counselor (24969)

Tenants Together (San Francisco, CA)

Join the Fight For Housing Justice! We at Tenants Together, California’s Statewide Organization for Renters’ Rights (based in SF), are looking for new volunteers to become tenants’ rights counselors. Now … view details
POSITION TYPE:
Part-time

Intern – Fall, Spring, Summer (19796)

US Department of Justice, Consumer Protection Branch (Washington, DC)

The Consumer Protection Branch (CPB) is responsible for protecting the health, safety, and economic security of the American consumer. CPB leads the Justice Department’s efforts to enforce federal consumer protection … view details
POSITION TYPE:
Academic-Year Internship or Externship, Summer (clerk/intern/extern/summer associate)

Report Last Updated: Tue, 20 Sep 2016 23:23:35 -0700

Consumer Bankruptcy Compliance Attorney (22045)

UpRight Law (Chicago, IL)

UpRight Law is on a mission to connect consumers with attorneys through the use of cutting-edge technology. Our team members provide customers access to justice so that they can get on the path to a debt-free future. We consistently achieve 100% year-over-year growth and were recently named one of Chicago’s top startups. Description: UpRig … view details

Position Type:
Full-time Permanent


Tax Services – Diversified Staff Group Intern (21996)

Ernst & Young (San Francisco, CA)

To be considered for an interview at Ernst & Young LLP (EY): • You must first apply using your school’s online recruiting system for only one of our positions • You must apply through our online system at www.ey.com/us/apply. Select the job description for which you are applying: Campus Full Time, Intern or MBA Application. • You must … view details

Position Type:
Summer (clerk/intern/extern/summer associate)


Spanish-Speaking Tenants' Rights Hotline Counselor (21940)

Tenants Together (San Francisco, CA)

Join the Fight For Housing Justice! Access to safe, affordable and just housing is a basic human right. But without statewide rent control, California's tenants live in constant uncertainty, facing unlimited rent increases and unregulated evictions that can at any moment displace them from their homes. The horrifying effects of displacement e … view details

Position Type:
Academic-Year Internship or Externship


LA Regulatory Attorney (21897)

BuckleySandlerLLP (Washington, DC)

BuckleySandler LLP is seeking candidates for a Regulatory Attorney position for our Santa Monica office. The Regulatory Attorney will focus on regulatory and compliance work for consumer financial services clients. There is potential for advancement to a partner-track Associate position. Candidates must have strong academic performance and pers … view details

Position Type:
Full-time Permanent


Summer Associates Needed for DC, NY and SF (21902)

Sanford Heisler LLP (San Francisco, CA)

Sanford Heisler, LLP is a boutique class-action litigation law firm with offices in New York, Washington, D.C., San Francisco, and San Diego. The team is a tightly-knit community of lawyers, all committed to using the law to help craft and enforce a more just society. We specialize in civil rights and general public interest cases, representin … view details

Position Type:
Summer (clerk/intern/extern/summer associate)


Summer Public Interest Law Clerk (21764)

Public Citizen – Litigation Group (Washington, DC)

Public Citizen Litigation Group, a public interest law firm in Washington, DC, is seeking two summer law clerks for the summer of 2017. The Litigation Group is a division of Public Citizen, a research, lobbying, and public advocacy organization founded in 1971. Our areas of practice include federal health and safety regulation, access-to-courts … view details

Position Type:
Summer (clerk/intern/extern/summer associate)


Supreme Court Assistance Project Fellowship (21763)

Public Citizen – Litigation Group (Washington, DC)

SUPREME COURT ASSISTANCE PROJECT FELLOWSHIP (1 year position, starting late-August 2017) Founded in 1972, Public Citizen Litigation Group is the litigating arm of the non-profit advocacy organization Public Citizen. Litigation Group attorneys specialize in cases involving health and safety regulation, consumer rights, access to the courts, c … view details

Position Type:
Post-Graduate Fellowship


Consumer Protection Branch Law Intern – Fall, Spring, Summer (19796)

US Department of Justice, Consumer Protection Branch (Washington, DC)

The Consumer Protection Branch (CPB) is responsible for protecting the health, safety, and economic security of the American consumer. CPB leads the Justice Department's efforts to enforce federal consumer protection statutes throughout the United States. Much of the litigation handled by CPB brings Congressional and media interest. CPB is … view details

Position Type:
Academic-Year Internship or Externship, Summer (clerk/intern/extern/summer associate)


Associate (21736)

Davis, Cowell & Bowe (PUBLIC INTEREST FIRM)

Davis, Cowell & Bowe, LLP in San Francisco is seeking an associate for its San Francisco office. We represent unions and workers in a wide-ranging practice, both in terms of geography and subjects. We have a heavy emphasis on organizing, including representing UNITE HERE throughout the United States in all of its hotel and gaming organizing ca … view details

Position Type:
Full-time Permanent


Associate (21700)

Hausfeld LLP

Hausfeld LLP seeks a first or second-year associate to become an integral part of its busy but congenial San Francisco practice. The firm often represents plaintiffs in antitrust, financial services, mass tort, consumer protection, and other complex cases throughout the United States and around the world. Ideal candidates will have exceptional l … view details

Position Type:
Full-time Permanent


Assistant Attorney General – 04560 (21455)

State of Wyoming – Attorney General's Office (Cheyenne, WY)

The Office of the Attorney General seeks an attorney to provide professional legal representation in two areas within the Human Services Division. First, this attorney will manage the State of Wyoming's compliance with the Master Settlement Agreement with Tobacco manufacturers. In addition, this position also works on more general Consumer Prote … view details

Position Type:
Full-time Permanent


Consumer/Medical-Legal Project Fall Intern (21658)

Justice & Diversity Center of the Bar Association of San Francisco (San Francisco, CA)

JDC is seeking a summer intern to work on the Consumer and Medical-Legal Projects under the supervision of our Consumer Project/Medical-Legal Project attorney and staff. This is an excellent opportunity to gain practical experience working with a wide range of clients on issues affecting low-income persons. The intern will focus primarily on … view details

Position Type:
Academic-Year Internship or Externship


BayLegal Law Clerk Program (21488)

Bay Area Legal Aid (Oakland, CA)

Bay Area Legal Aid's (BayLegal) mission is to provide meaningful access to the civil justice system through quality legal assistance regardless of a client’s location, language or disability. BayLegal is the largest provider of free civil legal services to low-income residents of the San Francisco Bay Area, with regional offices serving seven … view details

Position Type:
Academic-Year Internship or Externship, Summer (clerk/intern/extern/summer associate)


Patent Acquisition & IP Strategy Manager (21373)

OPPO Mobile (Menlo Park, CA)

OPPO Mobile, the world’s 4th largest smartphone maker, seeks a full-time/intern Patent Acquisition & IP Strategy Manager position based in Menlo Park, CA. Key Responsibilities: – Identify patent asset for acquisition & contact prospective sellers; – Work with internal and external teams to evaluate patent quality and perform technical an … view details

Position Type:
Full-time Permanent


Internships in Environmental Sections of Public Rights Division (15022)

California Attorney General (Oakland, CA)

The Oakland office of the California Department of Justice (also known as the CA Office of the Attorney General) has volunteer opportunities for law students during both the school year and the summer. The Attorney General's Office has three sections within its Public Rights Division that handle environmental work. Two of those sections, Enviro … view details

Position Type:
Academic-Year Internship or Externship, Summer (clerk/intern/extern/summer associate)


Judge Advocate/Marine Officer (13136)

US Marine Corps JAG (Berkeley, CA)

Judge Advocates are charged with litigating criminal cases as prosecutors or defense counsel in courts-martial. Cases tried by Judge Advocates range from misdemeanors, such as petty larceny, to felonies, such as rape and murder. Judge Advocates manage their own cases immediately. They quickly acquire the ability to bring litigation to complet … view details

Position Type:
Full-time Permanent


Law Clerk (8392)

Ohio Attorney General's Office (Columbus, OH)

The Ohio Attorney General's Office is accepting applications for its summer program. The office protects Ohio families from predatory financial practices through its enforcement authority in the areas of consumer protection, antitrust, charitable organizations and health care fraud. Through its Bureau of Criminal Identification and Investi … view details

Position Type:
Summer (clerk/intern/extern/summer associate)

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