Consumer Financial Protection Clinic
Consumers face challenges every day while navigating today’s economy. The Public Law Center (PLC) is a non-profit organization where their Consumer Law Unit works with Orange County’s low -income population to overcome these challenges. The Consumer Financial Protection Clinic (CFPC) explores the world of consumer rights and the legal remedies available to consumers, both state and federal. The CFPC also addresses the question, “what is consumer law?” Broadly defined, it encompasses both plaintiff and defense litigation, but centers on defending consumers from illegal and otherwise harmful financial transactions.
In general, the purpose of the CFPC is (1) to give students real life experience handling pre-litigation and litigation issues, (2) to assist low-income consumers in Orange County navigate the legal complexities of consumer law and consumerism at large, and (3) discuss policy and legislative advocacy within the evolving landscape of consumer law so we are empowered with the knowledge we need to change the law for the better.
Students will work on real cases submitted to the clinic by PLC with supervision by clinic faculty. The topics of the CFPC will vary based on the type of cases that are presented by the clients. As advocates, students will perform various types of legal work, which could include interviewing clients; issue spotting; legal research; assessing client’s legal options; drafting complaints with regulatory agencies and/or state court; strategizing about the case/matter and “course-correcting” as the matter progresses; counseling clients; drafting responses to complaints; drafting motions; etc. If the assigned cases include court appearances, students will be part of the legal team and will attend and participate in court hearings where available. Specifically, here are examples of past student work:
Defense work:
- Oppose Motion for Summary Judgement in a Debt Collection Case
- Respond to Discovery
- Draft (and prepare to argue!) an Ex Parte Motion
- Motion to Vacate Default Judgement
- Draft and File a Notice of Stay due to client’s Bankruptcy filing
- Draft and File a General Denial as a response to a complaint
- Negotiate with Opposing Counsel to waive debt based on financial hardship
- Discussions with clients regarding bankruptcy and how to move forward with filing
Plaintiff work:
- Demand letters involving the following areas:
- Solar Panel Case with a door-to-door sale agreement (involved analyzing the Home Solicitation Sales Act among other laws)
- Homeowner association agreements dispute (involved analyzing the Davis Sterling Act and HOA governing documents)
- Transactional skills such as reviewing contracts in a construction defect case, filing a complaint with the Contractor State Licensing Board, and analyzing statutes for use in drafting demand letters.
- Navigating the OC Court website including analyzing the Register of Actions and setting hearings
- Extensive client communication
Other potential opportunities (as student schedules allow): Attend any of the Public Law Center’s Consumer Financial Protection Clinics: Debt Collection Workshop, Bankruptcy Clinic, Elder Justice Clinic, Federal Pro Se Clinic.
Requirements and Miscellaneous:
- Completion of core clinic is not required prior to enrollment.
- Evidence is required but may be taken simultaneously along with this clinic.
- Student PTLS Certification is required and will be coordinated at the start of the term.
- CFPC is offer during the fall semesters only.