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Supreme Court to hear case that threatens existence of consumer protection agency

Nina Totenberg at NPR headquarters in Washington, D.C., May 21, 2019. (photo by Allison Shelley)

Nina Totenberg

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The U.S. Supreme Court will hear arguments next term about whether Consumer Financial Protection Bureau, set up after the 2008 financial crisis to protect consumers from predatory lending practices, is funded constitutionally. Anna Moneymaker/Getty Images hide caption

The U.S. Supreme Court will hear arguments next term about whether Consumer Financial Protection Bureau, set up after the 2008 financial crisis to protect consumers from predatory lending practices, is funded constitutionally.

The Supreme Court agreed on Monday to take up a case that could threaten the existence of the Consumer Financial Protection Bureau and potentially the status of numerous other federal agencies, including the Federal Reserve.

A panel of three Trump appointees on the Fifth Circuit Court of Appeals ruled last fall that the agency's funding is unconstitutional because the CFPB gets its money from the Federal Reserve, which in turn is funded by bank fees.

Appeals court says financial watchdog agency CFPB's structure is unconstitutional

Appeals court says financial watchdog agency CFPB's structure is unconstitutional

Although the agency reports regularly to Congress and is routinely audited, the Fifth Circuit ruled that is not enough. The CFPB's money has to be appropriated annually by Congress or the agency, or else everything it does is unconstitutional, the lower courts said.

The CFPB is not the only agency funded this way. The Federal Reserve itself is funded not by Congress but by banking fees. The U.S. Postal Service, the U.S. Mint, and the Federal Deposit Insurance Corp., which protects bank depositors, and more, are also not funded by annual congressional appropriations.

In its brief to the Supreme Court, the Biden administration noted that even programs like Social Security and Medicare are paid for by mandatory spending, not annual appropriations.

"This marks the first time in our nation's history that any court has held that Congress violated the Appropriations Clause by enacting a law authorizing spending," wrote the Biden administration's Solicitor General Elizabeth Prelogar.

A conservative bête noire

Conservatives who have long opposed the modern administrative state have previously challenged laws that declared heads of agencies can only be fired for cause. In recent years, the Supreme Court has agreed and struck down many of those provisions. The court has held that administrative agencies are essentially creatures of the Executive Branch, so the president has to be able to fire at-will and not just for cause.

Supreme Court Casts Doubt On Independence Of Consumer Protection Agency

Supreme Court Casts Doubt On Independence Of Consumer Protection Agency

But while those decisions did change the who, in terms of who runs these agencies, they did not take away the agencies' powers. Now comes a lower court decision that essentially invalidates the whole mission of the CFPB.

The CFPB has been something of a bête noire for some conservatives. It was established by Congress in 2010 after the financial crash; its purpose was to protect consumers from what were seen as predatory practices by financial institutions. The particular rule in this case involves some of the practices of payday lenders.

The CFPB was the brainchild of then White House aide, and now U.S. Senator Elizabeth Warren. She issued a statement Monday noting that lower courts have previously and repeatedly upheld the constitutionality of the CFPB.

"If the Supreme Court follows more than a century of law and historical precedent," she said, "it will strike down the Fifth Circuit's decision before it throws our financial market and economy into chaos."

The high court will not hear arguments in the case until next term, so a decision is unlikely until 2024.

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Mark Sherman, Associated Press Mark Sherman, Associated Press

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  • Copy URL https://www.pbs.org/newshour/politics/listen-live-supreme-court-hears-arguments-on-constitutionality-of-federal-consumer-protection-body

LISTEN: Supreme Court hears arguments on constitutionality of federal consumer protection body

WASHINGTON (AP) — The Supreme Court on Tuesday seemed likely to preserve the work of the Consumer Financial Protection Bureau against a conservative-led challenge.

Listen to the proceedings in the player above.

Even some conservative justices sounded skeptical of arguments that the agency, created after the 2008 financial crisis to regulate mortgages, car loans and other consumer finance, violates the Constitution in the way it is funded.

The CFPB case is one of several major challenges to federal regulatory agencies on the docket this term for a court that has for more than a decade been open to limits on their operations. The CFPB, the brainchild of Democratic Sen. Elizabeth Warren of Massachusetts, has long been opposed by Republicans and their financial backers.

But a majority of the court appeared ready to reject the sweeping arguments made by the lawyer for payday lenders whose challenge to a CFPB rule spawned the Supreme Court case. A ruling for the agency also would quiet concerns about the validity of the CFPB’s actions since its creation.

Unlike most federal agencies, the consumer bureau does not rely on the annual budget process in Congress. Instead, it is funded directly by the Federal Reserve, with a current annual limit of around $600 million.

The federal appeals court in New Orleans, in a novel ruling, held that the funding violated the Constitution’s appropriations clause because it improperly insulates the CFPB from congressional supervision.

WATCH: The major cases on the docket as Supreme Court begins new term

Embracing that ruling, lawyer Noel Francisco said on behalf of the lenders Tuesday that Congress can’t hand so much power to an executive branch agency. “This is a perpetual delegation to pick your own number,” said Francisco, who served as the Trump administration’s top Supreme Court lawyer.

But several justices pushed back against his arguments.

“Congress could change it tomorrow. There’s nothing permanent or perpetual about this,” Justice Brett Kavanaugh said.

Justice Elena Kagan said that Francisco’s arguments were “flying in the face of 250 years of history.”

Justice Samuel Alito was the most aggressive questioner when Solicitor General Elizabeth Prelogar, the Biden administration’s top lawyer, defended the CFPB.

While the U.S. Chamber of Commerce and some other business interests backed the payday lenders, mortgage bankers and other sectors regulated by the CFPB cautioned the court to avoid a broad ruling that could unsettle the markets.

Three years ago, the court decided another CFPB case, ruling that Congress had improperly insulated the head of the bureau from removal. The justices said the director could be replaced by the president at will, but allowed the agency to continue to operate.

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The major cases on the docket as Supreme Court begins new term

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Hearings on Competition and Consumer Protection in the 21st Century

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Hearings on Competition and Consumer Protection in the 21st Century

The Federal Trade Commission held a series of public hearings during the fall 2018 - spring 2019 examining whether broad-based changes in the economy, evolving business practices, new technologies, or international developments might require adjustments to competition and consumer protection law, enforcement priorities, and policy. The PDF version of this content includes footnotes and sources. All the hearings were webcast live.

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The Pitofsky hearings re-energized one of the FTC’s most valuable functions – to gather leaders in business, economics, law, and related disciplines to discuss tough, emerging problems and prepare public reports on the facts, issues, governing law, and the need, as appropriate, for change.

Purpose of the hearings and public comments

The hearings and public comment process provided opportunities for FTC staff and leadership to listen to interested persons and outside experts representing a broad and diverse range of viewpoints. Additionally, the hearings stimulated thoughtful internal and external evaluation of the FTC’s near- and long-term law enforcement and policy agenda. The hearings may have identified areas for enforcement and policy guidance, including improvements to the agency’s investigation and law enforcement processes, as well as areas that warrant additional study.

The FTC has always been committed to self-examination and critical thinking, to ensure that our enforcement and policy efforts keep pace with changes in the economy.” FTC Chairman Joe Simons, June 20, 2018

The Commission invited public comment in stages throughout the term of the hearings.

  • The Commission invited comments on the topic covered in each hearing session. The FTC issued a news release before each session to inform the public of the agenda, the date and location, and instructions on submitting comments.
  • The Commission will also invite public comment upon completion of the entire series of hearings.
  • Through August 20, 2018, the Commission accepted public comment on the topics identified in the announcement. Each topic description includes issues of particular interest to the Commission, but comments need not be restricted to these subjects.

Public comments may address one or more of the above topics generally, or may address them with respect to a specific industry, such as the health care, high-tech, or energy industries. Any additional topics for comment will be identified in later notices.

The hearings began in September 2018 and continued through June 2019, and consisted of 14 public sessions. All hearings were webcast, transcribed, and placed on the public record.

In advance of these hearings, the FTC accepted public comments on 11 topics . Additional comments on each topic may be submitted to the FTC during the periods identified in subsequent news releases associated with individual hearings. Please see Public Comments Topics and Process to submit comments for topics open for comment related to specific hearings as well as any final, general comments on the Hearings series.

  • FTC Announces Agenda for the 14th and Final Session of Hearings on Competition and Consumer Protection in the 21st Century (May 31, 2019)
  • FTC Announces Agenda for the 14th and Final Session of its Hearings on Competition and Consumer Protection in the 21st Century (May 10, 2019)
  • FTC Announces Agenda for Privacy Hearing, the 12th Session of the FTC’s Hearings on Competition and Consumer Protection in the 21st Century (March 25, 2019)
  • FTC Announces Agenda for the 11th Session of Its Hearings On Competition and Consumer Protection in the 21st Century (March 7, 2019)
  • FTC Announces Agenda for the Tenth Session of its Hearings on Competition and Consumer Protection in the 21st Century (February 22, 2019)
  • FTC Announces March 2019 Session on International Engagement as Part of its Hearings on Competition and Consumer Protection in the 21st Century (February 14, 2019)
  • FTC Announces New Sessions of its Hearings on Competition and Consumer Protection in the 21st Century (February 13, 2019)
  • FTC Announces Final Agenda for Ninth Session of its Hearings on Competition and Consumer Protection in the 21st Century (November 29, 2018)
  • FTC Announces Agenda for the Eighth Session of its Hearings on Competition and Consumer Protection in the 21st Century; Session at New York University to Focus on “Common Ownership” (November 20, 2018)
  • FTC Announces Agenda for the Seventh Session of its Hearings on Competition and Consumer Protection in the 21st Century; Session at Howard University to Focus on Algorithms, Artificial Intelligence, and Predictive Analytics (October 31, 2018)
  • FTC Announces Agenda for the Sixth Session of Its Hearings on Competition and Consumer Protection in the 21st Century (October 29, 2018)
  • FTC Announces Sessions on Consumer Privacy and Data Security As Part of its Hearings on Competition and Consumer Protection in the 21st Century (October 26, 2018)
  • FTC Announces Agenda for Fifth Session of its Hearings on Competition and Consumer Protection in the 21st Century (October 12, 2018)
  • FTC Announces Agenda for the Fourth Session of Its Hearings on Competition and Consumer Protection in the 21st Century (October 11, 2018)
  • FTC Announces Agenda for the Third Session of Its Hearings on Competition and Consumer Protection in the 21st Century (October 2, 2018)
  • FTC Announces Second Session of Hearings on Competition and Consumer Protection in the 21st Century September 21 at the FTC (September 10, 2018)
  • FTC Announces Opening Session of Hearings on Competition and Consumer Protection in the 21st Century September 13-14 at Georgetown University Law Center (August 24, 2018)
  • FTC Announces Hearings On Competition and Consumer Protection in the 21st Century (June 20, 2018)
  • Prepared Remarks of Chairman Joseph Simons at Fordham University on Hearings Output (September 13, 2019)
  • Prepared Remarks of Bilal Sayyed, Director, FTC Office of Policy Planning, at Georgetown University Law Center (September 10, 2019)
  • Remarks of Commissioner Rebecca Kelly Slaughter at FTC Hearing #12: The FTC’s Approach to Consumer Privacy (April 10, 2019)
  • Remarks of Commissioner Noah Joshua Phillips at FTC Hearing #12: The FTC’s Approach to Consumer Privacy (April 9, 2019)
  • Opening Remarks of Chairman Joseph Simons at FTC Hearing #12: The FTC’s Approach to Consumer Privacy (April 9, 2019)
  • Opening Remarks of Commissioner Noah Joshua Phillips at FTC Hearing #11: The FTC’s Role in a Changing World (March 26, 2019)
  • Chairman Joseph Simons Opening Remarks at Hearings on Competition and Consumer Protection in the 21st Century, Session on FTC’s Role in a Changing World (March 25, 2019)
  • Opening Remarks of BCP Director Andrew Smith at the Hearing on Data Security (December 11, 2018)
  • Opening Remarks of Commissioner Noah Joshua Phillips at FTC Hearing #8 (December 6, 2018)
  • Prepared Remarks of Commissioner Rohit Chopra at FTC Hearing #8 (December 6, 2018)
  • Competition and Consumer Protection Implications of Algorithms, Artificial Intelligence, and Predictive Analytics - Remarks by BC Director Bruce Hoffman (November 14, 2018)
  • Prepared Opening Remarks of Commissioner Phillips at FTC Hearing #5 (November 1, 2018)
  • Closing Remarks of Commissioner Rebecca Kelly Slaughter at FTC Hearing #4 (October 24, 2018)
  • Prepared Remarks of Commissioner Chopra at FTC Hearings Session #3 (October 15, 2018)
  • Prepared Remarks of Commissioner Rebecca Kelly Slaughter on the FTC’s Hearings on Competition and Consumer Protection (September 21, 2018)
  • Opening Remarks of Chairman Joe Simons at the First Hearing on Competition and Consumer Protection in the 21st Century (September 13, 2018)
  • Prepared Remarks of Chairman Joe Simons Announcing the Competition and Consumer Protection Hearings (June 20, 2018)

Derek Moore Office of Policy Planning 202-326-3367

We welcome people with disabilities. The FTC will accommodate as many attendees as possible; however, admittance will be limited to seating availability. Reasonable accommodations for people with disabilities are available upon request. Requests for accommodations should be submitted to Elizabeth Kraszewski via email at [email protected] or by phone at (202) 326-3087. Such requests should include a detailed description of the accommodation needed. In addition, please allow at least five business days advance notice for accommodation requests; last minute requests will be accepted but may not be possible to accommodate.

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Trump to Stand Trial on March 25 in NY Criminal Hush Money Case

Reuters

Former U.S. President Donald Trump gestures as he walks outside Trump Tower to attend a court hearing on charges of falsifying business records to cover up a hush money payment to a porn star before the 2016 election, in New York City, U.S., February 15, 2024. REUTERS/Bing Guan

By Luc Cohen and Jack Queen

NEW YORK (Reuters) -Donald Trump will become the first former U.S. president to stand trial on criminal charges after a New York judge on Thursday set a March 25 trial date and denied his request to dismiss the case, which stems from hush money paid to a porn star.

Justice Juan Merchan's ruling during a testy hearing in Manhattan means that Trump will stand trial in at least one of the four criminal cases he faces as he pursues the Republican nomination to challenge Democratic President Joe Biden in the Nov. 5 U.S. election.

Trump, 77, had asked Merchan to toss the 34-count felony indictment, which charges him with falsifying business records to cover up the $130,000 payment to porn star Stormy Daniels before the 2016 election. Merchan took less than 10 minutes to deny Trump's request and confirm the trial date.

Merchan said the trial could last five or six weeks, ending in late April or early May. Trump has pleaded not guilty to the charges brought by Manhattan District Attorney Alvin Bragg, a Democrat.

A guilty verdict would not prevent Trump from running for president or taking office, even if incarcerated. But Reuters/Ipsos polling has found a conviction could erode his support among voters.

Trump attended the hearing, sitting next to his lawyers at the defense table and occasionally conferring with them.

Afterward, Trump repeated his claim that the case is politically motivated.

"They want to keep me nice and busy so I can't campaign," Trump said.

'SEE YOU ON MARCH 25'

Trump's lawyer Todd Blanche told the judge during the hearing that it would not be fair for him to stand trial while running for president.

"It should not happen in this country," Blanche said.

Merchan responded, "That's not a legal argument. I'll see you on March 25."

Blanche said he might try to move the trial out of Manhattan, where Trump is likely to face a liberal-leaning jury pool.

A handful of protesters held signs denouncing Trump and shouted "no dictators in the U.S.A." outside the courthouse.

The case centers on former Trump lawyer Michael Cohen's $130,000 payment to Daniels - whose real name is Stephanie Clifford - to prevent her from publicly speaking ahead of the 2016 election about a sexual encounter she has said she had with Trump a decade earlier. Trump has denied this occurred.

Cohen pleaded guilty in 2018 to violating federal campaign finance laws and served time in prison.

The trial is set to start before any of Trump's three other criminal cases. The case is widely seen as less consequential than the others, as it concerns Trump's conduct before he took office rather than actions he took during and after his presidency that concerned national security and the nation's democratic system.

Bragg has said Trump's actions undermined the integrity of the 2016 election, as Trump was trying to cover up information that might have cost him votes.

Trump may effectively have wrapped up the Republican nomination by the time the trial is scheduled to start. He has won the first four state nominating contests, and dozens more will have taken place before the trial date.

Opinion polls show Trump holding a wide lead over his lone remaining primary challenger, Nikki Haley, and effectively tied with Biden. But one in four Republicans and about half of independent voters have indicated they would not vote for Trump if he is convicted in any of his criminal cases, a Reuters/Ipsos poll showed on Tuesday.

IN GEORGIA, ANOTHER HEARING

Trump's political and legal calendars are increasingly overlapping ahead of his expected rematch with Biden, who defeated him in the 2020 election.

In a separate court hearing on Thursday, Trump's lawyers asked a Georgia judge to disqualify the prosecutor who charged him and several allies with crimes involving trying to overturn his 2020 election loss in the state. The prosecutor, Fani Willis, has admitted to a romantic relationship with a lawyer on her team.

Trump also faces federal charges in Washington over his efforts to overturn his election loss and in Florida over his handling of classified documents after leaving office. Trump has pleaded not guilty in every case.

Trump, who has pushed to delay his criminal trials until after the November election, would have the power to dismiss the two federal cases if he were to return to the presidency. Trump would not have the authority to pardon himself if convicted on the state charges in New York or to derail the Georgia state prosecution.

Prosecutors in the hush money case have said Trump's New York-based family real estate company recorded his 2017 reimbursements to Cohen as legal expenses, violating a state law against falsifying business records to conceal another crime. They have said Trump was seeking to cover up federal campaign finance law violations as well as violations of a state law that prohibits promoting a candidacy by unlawful means.

Trump lawyers have argued that he should not face state charges for alleged violations of federal election law. Bragg's office has said the state law that penalizes falsifying business records applies to both federal and state elections.

(Reporting by Luc Cohen in New York; Additional reporting by Susan Heavey, Gabriel Araujo and Andrew Goudsward; Writing by Andy Sullivan; Editing by Will Dunham and Noeleen Walder)

Copyright 2024 Thomson Reuters .

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What is Consumer Court?

consumer case hearing

The Consumer Court is a special court that hears cases involving consumer disputes. It's different than a small claims court. The Consumer Court has the power to hear and determine any question, complaint, or dispute referred to by a consumer who is a party to the proceedings.

If you've ever had a problem with a purchase you made and you couldn't resolve it with the company, you may have turned to your state or local consumer protection agency for help. You may have even considered taking the company to court if the issue is serious enough. But what if there was a better way? Enter - Consumer Court.

Consumer Court is a legal forum that adjudicates consumer disputes. It's a faster, cheaper, and less formal way to resolve disputes than traditional courts. And it's not just for big companies; small businesses can also be taken to Consumer Court.

Consumer court hears cases involving consumer protection. It is presided over by a judge and typically follows the procedures of a regular court. Consumer protection laws vary from state to state. Still, they typically provide for certain rights, such as the right to a refund or replacement for defective goods and the right to cancel a contract within a certain period.

The court has the power to order businesses to pay consumer damages and issue injunctions against businesses. The court also has the power to order businesses to change their practices to comply with consumer protection laws. The Consumer Court also educates consumers about their rights and responsibilities and provides information on how to avoid being taken advantage of by businesses.

How does Consumer Court work?

First, you'll want to find the appropriate consumer court, file a claim, and then a judge will review your claim to decide whether to hear the case. If the case is accepted, the court will notify the parties involved and set a date for the hearing.

At the hearing, you and the business will have an opportunity to present their arguments. You will want to show a problem with the product or service, and the business will try to show that they have made an effort to resolve the issue. The court will then make a decision based on the evidence presented.

If either party is dissatisfied with the decision, they have the right to appeal. The appeals process can be lengthy, so it's important to be sure that you have a strong case before you pursue it further.

How do I find my local Consumer Court?

Head to your state's attorney general website . There you will be able to find your state's specific offerings for consumer protection - like the ability to file a complaint, looking up past complaints and rulings from your local consumer court. The attorney general also lists their contact information on their website if you want to contact them with additional questions.

In short, the Consumer Court is a valuable resource for consumers who businesses have wronged. The court has the power to hear and determine any question, complaint, or dispute referred to by a consumer party to the proceedings. If you are a consumer treated unfairly, you should consider contacting your attorney general and taking your case to the Consumer Court.

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Consumer Complainant Hearing Guide

In most cases, the person being accused of breaking TLC rules will plead guilty to an appropriate charge and pay a fine. If the accused pleads guilty, there will be no hearing and the case will be closed. In the rare event that the accused does not plead guilty, a hearing will be held before the Office of Administrative Trials and Hearings: Taxi and Limousine Tribunal (“OATH TLT”). OATH TLT is a City agency operated independently of the TLC. You will appear at the hearing by telephone. Either way, a prosecutor from the Consumer Complaint Unit of the TLC will contact you in advance of the hearing date to prepare you for the hearing. The prosecutor will explain the hearing procedures, review the facts of the case and may have questions pertaining to the incident. The prosecutor will call you on the day of the hearing to confirm your availability. OATH TLT grants a 90-minute grace period for each case, as some may run beyond the scheduled hearing time. You should be prepared to receive the call anywhere between five (5) minutes before, or 60 minutes after, the scheduled hearing time. Hearings usually last 30 to 45 minutes, once testimony begins. A copy of the OATH Hearing Officer's decision will be emailed to you after the hearing. Please note, up until the start of the hearing, there is a possibility that the accused will plead guilty to an appropriate charge and the hearing will not need to take place. Hearings will follow the same general process:

  • The OATH TLT OATH Hearing Officer will announce the case on the record and explain the hearing procedures
  • The TLC prosecutor will present the TLC’s case consisting of your testimony as well as the presentation of documents related to the identification of the accused
  • You will be sworn in and testify as to what happened that led you to make a complaint against the accused
  • After the prosecutor presents your testimony, the accused or the accused attorney or representative will have the opportunity to ask you questions; the OATH Hearing Officer may also ask you questions.
  • When you have completed your testimony you will be placed on hold or you will be escorted out of the hearing room.
  • The OATH Hearing Officer will listen to both sides and make a decision as to what happened (a “finding of fact”) as well as whether any TLC rules were broken and what the penalty, if any, should be (a “finding of law”).
  • When the testimony is finished, the OATH Hearing Officer will then ask everyone to leave the courtroom so he or she can write the decision.
  • Both you and the person accused of breaking the rules will receive a copy of the OATH Hearing Officer’s final decision, which will also include a description of the penalty if the person being accused is found guilty.

OATH Hearing Officer can only make decisions about the TLC rules and only apply penalties as provided for in the TLC rules. They cannot provide arbitration services. The hearing is not an appropriate time or place to make an individual “deal” with the person you filed the complaint against.

Things to Know About the TLC’s Consumer Complaint Unit

It is the TLC’s policy not to disclose any personal information that is in the TLC’s possession, whether that information relates to licensees, witnesses, or any other individuals, except as may be required by law, including a court order or subpoena. Therefore, if you submit a complaint, the TLC will not disclose your identity, address or other personal information to anyone outside the TLC. However, if you agree to testify at a hearing, your identity must be disclosed on the record of the hearing. You can only file one complaint about an incident. Any other passengers present at the time of the incident can also testify at the same hearing.    

How to Successfully Arbitrate a Case

It is commonly believed that companies put arbitration and class waiver provisions in contracts to deter or suppress consumer claims. Sometimes this intent is obvious, such as when the provision forbids an arbitrator from awarding a certain type of relief, shortens the statute of limitations, or prevents claims from being brought on a class-wide basis. But sometimes the intent is more subtle: banks and other large corporations simply don’t think consumers will bother to file claims in arbitration, or that if they do, they won’t be able to find a lawyer willing to represent them.

We need to change the way we think; we need to understand that arbitration is not a place where consumer cases must die. While it is true that arbitration may not be preferable or even practical in certain cases, there are many other times that arbitration can lead to excellent results for the consumer.

This article summarizes some of the topics discussed in the digital version of NCLC’s Consumer Arbitration Agreements Chapter 8a —an all new chapter covering how to conduct an individual arbitration, including selecting an arbitrator, conducting discovery, preliminary hearings and motions, evidentiary issues, the hearing, and confirming the award.

1. Opening a Dialogue About Arbitration

Consumer attorneys are often not aware of the existence of an arbitration agreement until the defendant files a motion to compel arbitration. While one’s initial instinct may be to fight a motion to compel, it may be better for both sides to have an open discussion about whether there is a valid arbitration agreement. If it is clear the arbitration provision is valid, consumer attorneys are often better off trying to negotiate with opposing counsel as to how to proceed in arbitration with the goal of leveling the playing field instead of fighting a motion to compel arbitration that will likely be granted anyway.

It also may be best to have the court retain jurisdiction by staying any pending litigation until the conclusion of the arbitration proceeding, rather than dismissing the case outright. You might even ask the court to schedule status conferences. That way, if a defendant does not pay its share of arbitration fees or otherwise refuses to participate in the arbitration, these actions can be reported to the court. A judge might even order the defendant to pay the fees immediately or might rule that the defendant has waived arbitration and hear the case instead in court.

2. Start the Arbitration Case with a One-Page Compelling Narrative

Some arbitrators prefer that the demand for arbitration be a compelling, short narrative (such as one page) rather than a formalistic legal complaint. You can also attach a legal-style complaint to your demand, but the one-page narrative may be more helpful to a busy arbitrator that just wants to acclimate themselves to the case quickly. Most arbitration forums do not have a formal pleading requirement. A short, compelling statement (story of what happened) is something an arbitrator may constantly refer to during the proceeding, and is much more easily navigated than a long, formal complaint. This easy and quick to read one-page narrative can shape an arbitrator’s first impression of the case.

Some arbitrators have also suggested numbering items in the narrative so that the defendant’s disputes can be narrowed to specific items that can then be addressed. Many arbitrators stress efficiency and may not favor long opening demands.

3. Just Like in Court, Who Presides Over the Case May Affect the Outcome

Just like in court, the arbitrator that presides over the case is very important. While one arbitrator might award punitive damages, another arbitrator might award a consumer nothing. An arbitrator’s mistakes of fact and law are not enough to overturn an award. Given the arbitrator’s discretion, your case can often be won or lost when selecting an arbitrator.

Arbitration forums encourage the parties to select an arbitrator, and if the parties cannot decide there is usually some type of selection or appointment process depending on the forum. It is helpful to investigate the background of the arbitrator. Use internet searches. Read opinions of former judges on the arbitration panel. Check out the clients of the arbitrator’s present or former law firm. Read articles written by the arbitrator. More on selecting an arbitrator is found at NCLC’s Consumer Arbitration Agreements § 8a.2 .

4. Arbitration Costs

For AAA and JAMS consumer arbitrations, the consumer pays an initial filing fee of $200 or $250 and the defendant pays the rest. Many defendants insert arbitration agreements into their standard form contracts with only the thought of avoiding class actions and punitive damages. Defendants don’t always consider the arbitration costs and attorneys fees when evaluating risk. For small consumer cases worth $5,000 or $10,000, it may make more sense for the parties to try to resolve the matter on their own without the need for private arbitration.

Unfortunately, some defendants have been known to default in paying the arbitration forum. This is where it is helpful for the court to have retained jurisdiction. When a defendant fails to pay, you can go to court and request that the defendant be ordered to pay or request a finding that the defendant’s failure to pay constitutes a waiver of arbitration.

Another option, though far less attractive, would be for the claimant to advance the defendant’s arbitration costs and seek reimbursement in the final arbitration award.

For more on arbitration forum fees and costs, see NCLC’s Consumer Arbitration Agreements § 8a.3 . For a discussion about a defendant’s failure to pay fees, see NCLC’s Consumer Arbitration Agreements § 8a.4 .

5. Preparation and Conduct in the Preliminary Hearing Is Critical!

Experienced arbitration practitioners know the critical importance of the preliminary hearing. Unlike a jury or bench trial where different judges handle different aspects of a case, a preliminary hearing in arbitration is before the fact-finder and decider. From the very first hearing through every conference, email, and phone call with the arbitrator, the consumer’s attorney should act as if they were speaking to a jury. The arbitrator’s first impression of a consumer and the consumer’s attorney is at the preliminary hearing, so this impression may be the most important.

Be prepared at the hearing to discuss all aspects of the case—scheduling, discovery requests and why the discovery is needed, the number of days needed for trial, and anything else that might come up or that the consumer wants to raise. This is also a good time to emphasize a case’s merits and anything that might shape an award that is not immediately apparent to the arbitrator. To some extent, this is the consumer’s opening statement before a jury. Being prepared not only enhances an arbitrator’s impression of the attorney, but the preliminary hearing is also an ideal time to raise many important issues as to the conduct of the arbitration.

Some attorneys request that an arbitrator provide a written report or order following the preliminary hearing. In rarer occasions, it may be necessary to have a court reporter to help minimize later disputes as to what was discussed and decided. For more detail concerning the preliminary hearing, see NCLC’s Consumer Arbitration Agreements § 8a.5 .

6. How to Get the Discovery You Need

Discovery in arbitration may be more limited than in a court proceeding. A lot depends on the type of claims, the jurisdiction, and the arbitrator. Some courts have held litigants are entitled to whatever discovery that is reasonably necessary to vindicate their statutory claims, while others are far more restrictive. Either way, courts interpreting the Federal Arbitration Act have held that an arbitrator has a duty to make sure documents in the possession of one party are exchanged with the other party. And a failure to discharge that duty may be grounds to vacate the arbitration award.

It is usually helpful to explain to the arbitrator why each deposition or document request is necessary for the arbitrator to decide the case fairly. A court can vacate an arbitrator’s award if the arbitrator fails to hear pertinent and material evidence, including necessary witnesses. As a result, arbitrators may be wary of shutting off information important to a litigant’s case. As a helpful guide, you may want to show the arbitrator what discovery is usually found necessary in a consumer case in court. Added complexity in a case should lead to increased discovery.

Defendants will often try to minimize a case’s importance, arguing that the case does not deserve the discovery sought. Consumer attorneys should be prepared to explain why the discovery is necessary—the arbitrator must write a final award that can withstand scrutiny, as well as determine the amount at stake in the arbitration.

In lieu of certain discovery, a consumer attorney might obtain the defendant’s stipulation to certain facts. Arbitrators like to keep the train moving, and are not happy if a defendant does not stipulate to facts that the defendant knows are true.

While some arbitrators see the inherent need for interrogatories, other arbitrators may prefer that written discovery focus on documents. The rules regarding testimony of third parties are intricate. But an arbitrator does have the power to summon a third party to appear and give testimony before the arbitrator. In light of such, many individuals agree to a deposition instead of testimony at a hearing.

For more detail concerning setting the scope of the consumer’s discovery, see NCLC’s Consumer Arbitration Agreements § 8a.6 .

7. Dispositive Motions and Discovery Hearings Are More Informal than Court

Depending on one’s point of view, a favorable aspect of arbitration may be how dispositive motions are handled. Many arbitrators will require that a party seek leave to file a dispositive motion. Dispositive motions are disfavored and aren’t granted as often in arbitration as they are in court.

On the other hand, any delay in providing necessary discovery may be quickly and aggressively handled by the arbitrator. Discovery issues will often be handled by letter briefs with a conference call before the arbitrator to promptly resolve any issues.

See NCLC’s Consumer Arbitration Agreements § 8a.7 for a discussion of initial disclosures, discovery motions, dispositive motions, and motions in limine to exclude evidence.

8. The Pre-Hearing Arbitration Brief: Help the Arbitrator Help You

What to put in a trial or arbitration brief varies from counsel to counsel. However, in arbitration you should keep in mind the person reading the brief is the fact finder ultimately deciding the case. The arbitration brief is the resource the arbitrator will look back to when a question arises about claims, facts, evidence, etc. See also NCLC’s Consumer Arbitration Agreements § 8a.7.6 .

9. How to Use Relaxed Evidentiary Standards to Your Advantage

Arbitrators vary in how closely they follow federal or state rules of evidence, but in general, arbitrators are not interested in strictly complying with rules of evidence. However, arbitrators should allow everything in that is pertinent, material, and allows for a fair hearing. An arbitrator’s ruling can be overturned if evidence is excluded, and it is rarely overturned because an arbitrator allowed too much evidence in. Pertinent and material hearsay is typically allowed.

Authenticating documents with witness testimony will often be far looser than in court. Some arbitrators prefer that everything goes in unless there is a specific objection to a document, with the objector having to explain why it should be excluded. Again, an arbitrator’s award can be overturned for excluding documents, but it will unlikely be disturbed for including them.

All relevant witnesses should be allowed. If a witness is far away, video conferencing is commonly used. There is often less argument over the admissibility of expert testimony. Some forums’ rules specify that affidavits will be allowed, even if there is no opportunity for cross examination. In general, an arbitrator’s main concern is to move things along. For pattern and practice evidence, it is usually best to keep the testimony brief.

Some arbitrators make it clear they dislike objections to evidentiary submissions and witness statements. They want to move along and they will likely overrule most objections. Be careful not to annoy the arbitrator by being overly legalistic.

See NCLC’s Consumer Arbitration Agreements § 8a.8 for discussion of evidentiary standards, witnesses, arbitrator questioning of witnesses, remote and video testimony at trial, documentary submissions, use of affidavits in the proceeding, use of arbitration awards in another proceeding, objections in the hearing, rebuttal and completing the presentation, and arbitration on written submissions only.

10. The All Important Post-Hearing Brief

Instead of a closing statement, some arbitrators prefer post-hearing briefs. Again, you are arguing to an arbitrator now, not a jury. It is best to cite case law and evidentiary support (exhibits, testimony, etc.) when making an argument. Remember, you are not in court, so your brief need not be constrained to facts entered into evidence. More on the post-hearing brief is found at NCLC’s Consumer Arbitration Agreements § 8a.9.

11. Damage Awards Are Rarely Reduced or Overturned

Where an arbitrator does award damages, a judge or appellate court is unlikely to reduce or overturn them. Review of an arbitration award is extremely limited. Since arbitration is a private matter, due process is not implicated. Supreme Court due process limits on punitive damages do not apply. And while we all know obtaining exemplary damages is difficult in consumer cases, arbitration does not make it any more so. With the right facts and circumstances, and an in-depth understanding of arbitration, consumers can achieve impressive results. Punitive damage awards in arbitration are discussed at NCLC’s Consumer Arbitration Agreements § 8a.10 .

12. Don’t Forget to Convert the Arbitration Award into a Court Judgment

An arbitration award is not a binding court judgment. The proper way to make an arbitration award a binding court judgment is to bring an action in court to confirm the award. There will be few grounds for a defendant to contest confirmation and typically it will be easily granted. Then the consumer can enforce the award with post-judgment remedies such as garnishment and seizure of bank accounts and property. See NCLC’s Consumer Arbitration Agreements § 8a.11 .

Ronald Wilcox

Meet the author

Ronald Wilcox has been a consumer protection attorney since 1995, with an office in San Jose, CA. Ron is a graduate of Gerry Spence’s Trial Lawyers College, and has tried consumer protection cases in federal and state court, as well as JAMS and AAA, obtaining awards of punitive and/or treble damages on numerous occasions. He serves on the Board of Directors for the National Association of Consumer Advocates, and is also a member of the Consumer Attorney’s of California, the Consumer Attorney’s Association of Los Angeles, and the National Association of Consumer Bankruptcy Attorneys. He has presented webinars and spoken at national conferences on consumer law and arbitration. He was awarded Santa Clara University’s Community Law Center’s Community Service Award. Ron is a co-author of Chapter 8a, Conducting Individual Arbitrations, in the National Consumer Law Center’s Consumer Arbitration Agreements.

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How to File a Case in Consumer Court

Last Updated: July 24, 2021

This article was written by Jennifer Mueller, JD . Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 4,712 times.

Consumer courts were set up in India to promote and protect the rights of consumers who were cheated on the purchase of goods or services. If you were injured or lost money as the result of a defective product or service, or if a seller promised something they never delivered, you can file a complaint in consumer court and recover your losses. To successfully file a case in consumer court, you must be able to prove that the seller violated consumer protection laws and is responsible for your loss. [1] X Research source

Gathering Information and Documentation

Step 1 Collect receipts and other evidence of the transaction.

  • If the seller's name and address aren't available on your receipt, you may be able to find it online or in your bank records.
  • The date of the transaction is the date on the receipt (if you have one), not the date the transaction cleared your bank account (which may be a few days later). If you don't have a receipt, you can still use the date the transaction cleared your bank account as the reference date. The seller may have additional records of the transaction.

Tip: Generally, your complaint must be filed within 2 years of the date of the transaction. However, you may be able to file a complaint about an older transaction if you can prove to the court that there was a good reason for your delay.

Step 2 Gather additional documents to support your claim.

  • For example, if you're claiming you were injured by a defective product, medical records showing that you sought treatment for an injury caused by the product would provide evidence for your claim.
  • Also include any communications between you and the seller following the transaction. If you talked to the seller over the phone, create a log of all the information you recorded or remember about those conversations, including the date and time they took place and the name of the person you spoke with.

Step 3 Decide what type of relief you want from the consumer court.

  • You must be prepared to prove you are entitled to the relief you seek. For example, if you want the company to compensate you for expenses you incurred because you were injured by a defective product, you would need to bring documents showing medical expenses, loss of work, and other costs.

Step 4 Discuss your complaint with a lawyer.

  • Some lawyers will also help you fill out the initial paperwork without representing you in court. If you're confident with your own presentation skills, this can save you some money.

Tip: You can file a complaint in a consumer court without hiring a lawyer or going through a consumer organization.

Step 5 Factor in fees and travel costs.

  • To determine your traveling costs, figure out the court where you need to file your complaint. District forums are located in every district and hear complaints of up to Rs. 20 lakh. State commissions hear complaints between Rs. 20 lakh and Rs. 1 crore. The National Consumer Disputes Redressal Commission (NCDRC) hears complaints that exceed Rs. 1 crore. To locate the court you need, go to https://consumerhelpline.gov.in/locate-consumer-court.php .
  • There are no court fees for claims up to Rs. 1 lakh if you are below the poverty line and have an Antyodaya Anna Yojana card. Others pay Rs. 100 for claims up to Rs. 1 lakh. The fee is Rs. 200 for claims from Rs. 1 lakh to Rs. 5 lakh, Rs. 400 for claims from Rs. 5 lakh to Rs. 10 lakh, and Rs. 500 for claims from Rs. 10 lakh to Rs. 20 lakh. State Commission claims are from Rs. 2,000 to Rs. 4,000 depending on the amount of your claim. NCDRC claims are Rs. 5,000.
  • Keep in mind that even if you hire a lawyer, you'll still have to put forth considerable time and effort on your case in addition to paying your lawyer's fee. Your lawyer won't be doing all the work for you and you may still have to attend court hearings.

Filing Your Complaint

Step 1 Send a legal notice to the registered office of the company.

  • You can search online for forms you can use that include all the information you need to notify the company of your claim. Make sure you adapt any form you use to address your specific issue.
  • Make copies of any receipts or other documents that support your claim to send along with your letter.
  • Make a copy of your letter before you send it. Use registered mail so you know when the company received it. You can use this date to mark the date of your deadline on your calendar.

Tip: If the company refuses your letter or fails to respond within the time you provided, you can go ahead and file your complaint with the consumer court.

Step 2 Draft your complaint.

  • Attach copies of documents that support all factual statements you make in your complaint, including receipts, bills, or transaction statements.
  • You may be able to find forms or samples of complaints online that you can use as a guide to format your complaint. Samples may also be available at your district consumer forum, or in the office of a local consumer organization.

Step 3 Prepare a demand draft for your court fees.

  • Rs. 100 for complaints of up to Rs. 1 lakh (District Forum)
  • Rs. 200 for complaints above Rs. 1 lakh and up to Rs. 5 lakh (District Forum)
  • Rs. 400 for complaints above Rs. 5 lakh and up to Rs. 10 lakh (District Forum)
  • Rs. 500 for complaints above Rs. 10 lakh and up to Rs. 20 lakh (District Forum)
  • Rs. 2,000 for complaints above Rs. 20 lakh and up to Rs. 50 lakh (State Commission)
  • Rs. 4,000 for complaints above Rs. 50 lakh and up to Rs. 1 crore (State Commission)
  • Rs. 5,000 for complaints above Rs. 1 crore (National Commission)

Step 4 Submit your complaint to the appropriate court.

  • The receiving clerk will provide you with a reference number for your case, as well as the date when your first hearing will be held. If you mail your complaint, you'll receive this information in the mail. [10] X Research source

Tip: If you mail your complaint to the appropriate court, rather than taking it to the clerk in person, your signature must be notarized.

Resolving Your Case

Step 1 Attend your admissions hearing.

  • If your case is admitted, the judge will let you know when your next hearing is. The second hearing typically will be more than 30 days after your admissions hearing.
  • If the court decides not to admit your case, the judge will give you information on how to appeal that decision.

Step 2 Present your case at your second hearing.

  • If the seller provides a written response to your complaint, read over it and come up with responses as necessary. You will be expected to refute their arguments in court.
  • Bring copies and originals of all the supporting documents you also included with your complaint.

Tip: Even if the seller does not appear in court for the hearing, you still must prove that you're entitled to the relief you've asked for before the judge will rule in your favor.

Step 3 Appear at any other hearings as required by the court.

  • For example, if you were injured because of a defected product, the judge may want to wait until your injuries are completely healed before ordering relief.

Tip: If you don't show up for hearings, your case will simply be decided on the merits, based on whatever written information and supporting documents have been filed.

Step 4 Receive the court's written order by registered post.

  • It's a good idea to make several photocopies of the order for your personal records.

Step 5 File an appeal within 30 days of receipt of an order.

  • If the court doesn't decide in your favor, instructions for filing an appeal will be included along with your copy of the written order. It is recommended that you file your appeal as soon as possible, rather than waiting to the last minute.
  • If you decide to appeal the consumer court's order, it's a good idea to talk to a consumer attorney near you. If the consumer court ruled against you because of an error you made in your complaint, you want to make sure you don't make the same mistake twice.

Expert Q&A

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  • ↑ http://cercenvis.nic.in/PDF/consumer%20court.pdf
  • ↑ https://consumerhelpline.gov.in/ConsumerCourt.pdf
  • ↑ https://vakilsearch.com/advice/filing-a-case-in-consumer-court-in-india/
  • ↑ https://gama.gov.in/ConsumerGrivences.aspx

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Jennifer Mueller, JD

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After salacious hearing, can Fani Willis regain control of Trump case?

Willis and Nathan Wade testified on their relationship, with Trump lawyers distracting from core issue: attempt to overthrow democracy

Fani Willis spent Thursday morning pacing in her office.

Nearby, in courtroom 5A in the Fulton county justice center, Nathan Wade, a special prosecutor, was testifying about their romantic relationship as part of a high-stakes hearing over whether or not Willis should be disqualified from handling the wide-ranging election-interference case against Donald Trump and 14 co-defendants.

After Wade finished testifying, a little before 3pm, Willis entered the courtroom herself. As her lawyers began to toss out arguments about why she should not have to take the stand, Willis waved them aside.

“I’m ready to go,” she said.

After weeks of salacious accusations, this was the equivalent of a prizefighter eager to get into the ring and throw a punch. This was Willis, the longstanding pugilistic prosecutor, determined to win back her credibility and control of the case. Over the next two hours, Willis made it clear she was there to fight for the years-long case against Trump she has spent nearly her entire time as district attorney working on.

She cut into defense lawyers when they tried to ask her simple questions (“It’s highly offensive when someone lies on you,” she said at one point). Court briefly moved to a recess as she shouted “it is a lie” at defense attorneys. Most significantly, she forcefully rebutted the allegations against her and categorically denied that she and Wade had begun their relationship before he was hired in November 2021. She laid out how she had repaid Wade in cash for travel he had purchased on her behalf. She unequivocally rebuffed the allegation that she and Wade lived together.

At the end of the first day of a two-day hearing, defense lawyers had failed to produce any bombshell allegations demonstrably proving that Willis financially benefitted from her relationship with Wade.

While that may allow Willis to survive the disqualification hearing and continue on the case, it may also be beside the point by the time Judge Scott McAfee rules. In the court of public opinion,Trump’s defense lawyers may have already won. Just as they have done for weeks, they used Thursday’s hearing to undermine Willis’s judgment and give the impression that Willis and Wade had been trying to conceal their relationship.

“I think it was a lot of mud-slinging with too little clarity,” said Anthony Michael Kreis, a law professor at Georgia State University.

Defense lawyers used the hearing to draw attention away from the anti-democracy issues at the heart of the case, and focused on a romantic relationship. It’s the kind of muddying of the waters that Trump has mastered in political life. Unsurprisingly, Trump sent out a campaign email in the middle of the hearing with the subject line “Fanni [sic] Willis Bombshell – Corrupt as Hell!”

There isn’t sophistication to this strategy: a romantic relationship is more interesting and entertaining than a legal debate about a conflict of interest. That’s why defense lawyers pressed Wade to testify about when exactly he was having sexual intercourse with Willis. It’s why they repeatedly brought up a court filing in his divorce case when he said he hadn’t been with anyone during his marriage (Wade testified he believed his marriage to be over in 2015). It’s why Scott Sadow, Trump’s attorney, repeatedly pressed Willis on why she didn’t disclose to anyone on the prosecution team Wade was leading that the two of them were dating. Willis said that she doesn’t discuss her personal life openly. “Our relationship wasn’t a secret. It was just private,” Wade said.

For all of the innuendo thrown around at Thursday’s hearing, two issues seem likely to stick.

The first is testimony from a former friend of Willis’s, Robin Bryant-Yeartie, who testified she had “no doubt” that Willis and Wade began dating before Willis hired Wade in November 2021. Willis’s team plans to introduce witnesses on Friday to undercut Bryant-Yeartie’s credibility, and has already suggested that Willis and Bryant-Yeartie, who worked at the district attorney’s office, had a falling out that may have been related to something at work.

The second issue is the repayment system Wade and Willis had for travel they took together. Even though Wade paid for trips on his credit card, Willis said she would repay him for travel in cash or pay for activities and other expenses that roughly equaled the travel. The two would rotate paying the bill at restaurants. It’s an arrangement familiar to many couples and friends, but defense lawyers highlighted that it was unusual for the district attorney of Fulton county, who is required to disclose certain gifts.

Willis tried to remind the American public that the proceedings were a distraction from the core issues in the case: an attempt to overthrow democracy. “Ms Merchant’s interests are contrary to democracy your honor, not to mine,” she said, referring to Ashleigh Merchant, a lawyer for one of Trump’s co-defendants.

“You’re confused ... I’m not on trial,” Willis said at another point. “These people are on trial for trying to steal an election in 2020.”

Like it or not, Willis has moved to the center of the case. It’s unclear whether she’ll be able to successfully leave the witness box and return to the prosecutor’s table.

  • Fani Willis
  • The fight for democracy
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‘Star witness’ mostly silent in hearing to disqualify Fani Willis

ATLANTA — A man billed as the “star witness” in the case to disqualify Fulton County District Attorney Fani T. Willis (D) took the stand Friday and acknowledged he exchanged text messages about Willis with the defense attorney who first raised allegations that Willis was engaged in an improper personal relationship with the outside attorney she appointed to lead the case against Donald Trump .

But Terrence Bradley, a former law partner of special prosecutor Nathan Wade, repeatedly declined to answer questions under oath about what he knew about the romantic relationship between Willis and Wade. Bradley, who previously represented Wade in his ongoing divorce, cited concerns he might violate attorney-client privilege and could be disbarred.

However, in a dramatic moment, an attorney for Bradley later asked Fulton County Superior Court Judge Scott McAfee if his client could be released from that privilege after a prosecutor claimed during cross-examination that Bradley and Wade ended their legal partnership after Bradley was accused of sexually assaulting an employee and a client. Prosecutors implied this raised questions about Bradley’s credibility as a witness and whether he had ill will toward Wade.

Bradley, who emphatically denied he had sexually assaulted anyone, admitted the employee’s claims had led him to sever his partnership with Wade. He testified that he still considered Wade to be “a friend.”

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The revelation, which came near the end of a two-day evidentiary hearing on misconduct claims against Willis, led McAfee to abruptly end Bradley’s testimony. McAfee said he would meet with Bradley and his attorney in a private hearing to consider whether Wade’s attorney-client privilege claim with Bradley had been pierced and whether Bradley could be forced to answer questions about Willis and Wade.

McAfee will ultimately have to decide if the prosecutors’ relationship created a conflict of interest or the appearance of one — and if Willis’s office should be removed from the case or if any of the charges should be dropped against Trump or his allies, who are accused of criminally conspiring to try to overturn the 2020 presidential election in Georgia . That decision probably won’t come soon: McAfee said Friday he will schedule another hearing for late next week or the following for closing arguments. The scandal has threatened to imperil the criminal case against the former president, and Willis’s allies worry it has hurt her credibility.

Bradley’s silence on what he knew about Willis and Wade’s relationship , including when it began, came as Ashleigh Merchant, an attorney for co-defendant Mike Roman, presented text messages and an email showing that she had been communicating with Bradley since September when she began investigating allegations of an improper romantic relationship between Wade and Willis.

The exchanges presented in open court suggested that Bradley had been a key source for Merchant, who has claimed that Willis was already in a romantic relationship with Wade when she appointed him to lead the election case.

Bradley initially testified he did not recall conversations with Merchant, claiming that he had communicated with her through a “third party.” But he eventually acknowledged that he spoke to Merchant by phone and later exchanged text messages as she sought to confirm rumors that Willis and Wade were a couple.

In one message introduced as evidence by Merchant, she had messaged Bradley asking if he knew of anyone who would give her “an affidavit … about the affair.”

Examining his own phone, Bradley confirmed that he responded, “No one would freely burn that bridge.”

Bradley also confirmed that he texted with Merchant about trips Willis and Wade took together and how Wade had used his corporate card to pay for them. Bradley confirmed Merchant had sent him a copy of the Jan. 8 motion she filed that first detailed allegations of an improper relationship between Willis and Wade.

“Looks good,” Bradley texted Merchant in response to her filing — a message he confirmed under oath.

In a motion last week, Merchant claimed Bradley would “refute” claims by Willis and Wade that their romantic relationship did not begin until after Nov. 1, 2021 — the date he was appointed to lead the Trump investigation. But Bradley repeatedly testified that he had “no personal knowledge” of when their relationship began — a claim that visibly frustrated Merchant and other defense attorneys who strongly implied that Bradley had relayed different information in his earlier communications with Merchant.

Special prosecutor Anna Cross, who is leading efforts to help Willis retain control of the case, accused Merchant and Bradley of trading “gossip” and “hearsay,” as lawyers from both sides battled for hours over what Bradley could and could not testify about. The back-and-forth came after Bradley, who briefly testified Thursday morning, failed to appear Friday morning for scheduled testimony. His attorney claimed that Bradley had a medical appointment.

But McAfee, a typically opaque presence on the bench, was visibly annoyed, telling the attorney that Bradley had not previously informed the court about a medical visit and warned that he was in potential violation of his subpoena.

One day earlier, Willis testified and angrily sparred with Merchant and other defense attorneys whom she accused of spreading “lies” about her and her relationship with Wade. Willis had been scheduled to return to the witness stand Friday morning for prosecution questioning, but as the hearing got underway, Cross announced she had no questions for Willis and the district attorney’s appearance was concluded.

Instead, prosecutors called other witnesses to bolster Willis’s claims on the stand, including her testimony that Wade was not her first choice to lead the investigation. Former Georgia governor Roy Barnes (D) testified about an October 2021 meeting where he turned down Willis when she asked him to take on the case. He said he had concerns about income and potential threats that came with taking on the high-profile case against a former president.

“I have mouths to feed at a law office and that I could not, I would not do that,” Barnes testified. “I’d lived with bodyguards for four years, and I didn’t like it. I wasn’t going to live with bodyguards for the rest of my life.”

Prosecutors also called Willis’s father, John Clifford Floyd III, a former criminal defense attorney who at one point lived with his daughter in her Atlanta-area home. Floyd testified that Willis moved out at his urging when threats against her began to escalate, while he remained, taking care of the property — a brand-new home that his daughter had built only to be forced to leave it.

“Somebody needed to protect the house,” Floyd said, recalling how he once cleaned “the b-word and the n-word” that had been spray painted on the house, not telling his daughter about it. The threats soon became too much and now the house is “uninhabitable,” he testified.

Floyd said under oath that he had not met Wade until last year and didn’t learn of his daughter’s relationship with him until seven weeks ago — when the rest of the world did. While the two are extremely close, Floyd said he and his daughter don’t talk to each other about their romantic lives. “I haven’t confided in her about mine before — when I had one,” he said.

At Thursday’s hearing, defense attorneys seized on comments Willis and Wade made about her repaying him for trips in cash, exchanges for which they did not have documentation. Trump has accused Willis in social media posts of not having actually made those repayments and, therefore, financially benefiting from appointing Wade to the case.

But Floyd tried to explain to the court Friday that he taught Willis to always have large amounts of cash on hand in her home. He said he owned multiple safes of his own and had proudly purchased his daughter “her first cash box,” where he encouraged her to always keep at least six months’ worth of money.

He said the advice was driven by his own experience, where people had sometimes refused to take credit cards or travelers checks from him because “of the color of my skin.”

“Excuse me, your honor, I’m not trying to be racist. But it’s a Black thing, okay?” Floyd said. “I was trained, and most Black folks, they hide cash or they keep cash.”

Gardner reported from Washington. Marianne LeVine and Maegan Vazquez in Washington, Yvonne Wingett Sanchez in Phoenix, Sarah Ellison in New York and Patrick Marley in Madison, Wis., contributed to this report.

More on the Trump Georgia case

The latest: Fulton County District Attorney Fani T. Willis (D) has been investigating whether Trump and his associates broke the law when they sought to overturn Trump’s 2020 election loss in Georgia . Willis testified in a hearing challenging defense attorneys who she said spread “lies” about a personal relationship she recently admitted to with Nathan Wade , the prosecutor she appointed. Here’s how it could derail the Trump Georgia case .

Status of the case: Four of Trump’s co-defendants have pleaded guilty in the Georgia election case. Trump previously entered a plea of not guilty . The case does not currently have a scheduled trial date.

The charges: Trump was charged with 13 counts, including violating the state’s racketeering act . Read the full text of the Georgia indictment . Here’s a breakdown of the charges against Trump and a list of everyone else who was charged in the Georgia case . Trump now faces 91 total counts in four criminal cases .

Historic mug shot: Trump surrendered at the Fulton County Jail on charges that he illegally conspired to overturn his 2020 election loss . Authorities released his booking record — including his height and weight — and mug shot .

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Takeaways From Day 2 of the Hearing in the Georgia Trump Case

In questioning a key witness, defense lawyers failed to undercut assertions by the prosecutors whom they are trying to get disqualified from the election interference case.

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Richard Fausset

By Richard Fausset ,  Danny Hakim and Anna Betts

  • Feb. 16, 2024

Defense lawyers for Donald J. Trump and his co-defendants in Georgia found themselves frustrated in efforts to extract damaging information from a key witness on Friday, as they sought to disqualify the lead prosecutors accusing Mr. Trump and his allies of a conspiracy to overturn the 2020 election.

The defense is arguing that Fani T. Willis, the Fulton County district attorney, and her office should be disqualified and removed from the prosecution, accusing her of benefiting financially from a romantic relationship with the special prosecutor she hired for the case, Nathan J. Wade.

If the judge removes them, it would delay and potentially derail a proceeding that has major implications for the 2024 presidential election. Here are takeaways from the second day of the misconduct hearing:

The ‘star witness’ for the defense shined no new light on the relationship.

Defense lawyers had high hopes for drawing out damaging testimony from Terrence Bradley, a former law partner of Mr. Wade who also served as his divorce lawyer.

But they were frustrated twice: Mr. Bradley didn’t show up to testify in the morning. Then, once he took the stand in the afternoon, he continued to assert attorney-client privilege over many matters.

That led to repeated sparring between defense lawyers and the district attorney’s office over what questions he could be asked, and — at points — exasperation from a calm but clearly frustrated presiding judge, Scott McAfee.

A defense lawyer used her own cellphone messages to question the key witness.

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Ashleigh Merchant, a lawyer for one of Mr. Trump’s co-defendants, took the unusual tactic of referring to text messages from her own cellphone that she had exchanged with Mr. Bradley after learning that Ms. Willis and Mr. Wade were dating.

Ms. Merchant was hoping to establish that the relationship started before Mr. Wade was hired to manage the Trump prosecution for Ms. Willis, which defense lawyers have asserted would benefit her financially if they were dating and taking expensive trips together.

But after more than two hours of questioning, Ms. Merchant and her fellow defense lawyers were unable to draw anything out of Mr. Bradley establishing that Mr. Wade was dating Ms. Willis when she hired him.

Judge McAfee did say, however, that he would review two text messages from Mr. Bradley to determine whether they are subject to attorney-client privilege, and thus cannot be disclosed.

The district attorney did not retake the stand as expected — but her father did.

There have been so many death threats. And they said they were going to blow up the house. They were going to kill her, They were going to kill me. They were going to kill my grandchildren. I mean, on and on and on, it just — it became. And I was concerned for her safety. And after those concerns came to your attention, and after what you heard and saw that day, you remained at the house? Yes. Somebody needed to protect the house. And I stayed there to basically take care of the house, to take care of the yard, to take care that — also somebody sprayed, again, the b-word and n-word on the house. And I don’t think my daughter even knew that. I cleaned it off and called the police, South Fulton police, they have, I’m sure, all the records of all the things that happened. And all the neighbors, I notified all the neighbors to look out and to watch out. And it was just it was so crazy.

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After her heated exchanges with the defense attorneys while testifying on Thursday, Ms. Willis was expected to return to the stand on Friday. But in a surprise move, her office said they did not have additional questions for her.

Instead, Ms. Willis’s father, John Floyd III, testified about the death threats his daughter has faced in recent years, including when people showed up outside her house at 5:30 a.m. one morning yelling the “the b-word” and “the n-word.”

Mr. Floyd also backed up Ms. Willis’s testimony that she keeps money in her house, describing it as “a Black thing.” Ms. Willis said Thursday that she had paid back Mr. Wade in cash for the trips they took together.

“I’ve always told my daughter, you keep six months worth of cash, always,” Mr. Floyd said, adding that he gave his daughter her first cash box.

A former governor also testified.

They were beginning this investigation, and she asked me if I’d be interested in being special prosecutor, to which I replied, that I had mouths to feed at a law office, and that I could not, I would not, do that. And also I just had a bad, well, I won’t say “bad” because it happens from time to time, but I just had F.B.I. to report a fellow, a militia trainer, to me that said they were concerned that he was making threats against me. And because — I thought it was because of the flag, but I asked him and he said no, it was because I was too close to the Jews, quote unquote. And I told D.A. Willis I didn’t — I’d lived with bodyguards for four years, and I didn’t like it, and I wasn’t going to live with bodyguards for the rest of my life.

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The district attorney’s office called former Gov. Roy Barnes of Georgia, who testified that Ms. Willis had also tried to hire him to manage the Trump case. The prosecution was trying to show that Mr. Wade was not Ms. Willis’s first choice, to establish that she didn’t hire him for personal gain.

Mr. Barnes, a prominent Georgia lawyer who represented a Michael Jordan-like figure to the other lawyers in the courtroom, said he turned Ms. Willis down because the money wasn’t good enough, and he didn’t want to deal with hate and vitriol for prosecuting Mr. Trump. “I wasn’t going to live with bodyguards for the rest of my life,” he said.

It could be a while before the judge rules.

After adjourning, Judge McAfee said he would meet in private with Mr. Bradley and his attorney to discuss questions regarding attorney-client privilege and an accusation of sexual assault against Mr. Bradley while he worked with Mr. Wade. Mr. Bradley emphatically denied the allegation, and the judge did not allow further testimony about it from other witnesses.

The judge said he would then determine a date for lawyers to make their closing arguments on the conflict-of-interest question. It could happen late next week, or the following week, he said, meaning that there will be no quick resolution to the attempt to disqualify the lead prosecutors.

Ms. Willis’s office charged Mr. Trump and 18 of his allies in August 2023 with plotting to subvert the 2020 election results. Four of the defendants have pleaded guilty.

Richard Fausset , based in Atlanta, writes about the American South, focusing on politics, culture, race, poverty and criminal justice. More about Richard Fausset

Danny Hakim is an investigative reporter. He has been a European economics correspondent and bureau chief in Albany and Detroit. He was also a lead reporter on the team awarded the 2009 Pulitzer Prize for Breaking News. More about Danny Hakim

Anna Betts reports on national events, including politics, education, and natural or man-made disasters, among other things. More about Anna Betts

Our Coverage of the Trump Case in Georgia

Former president donald trump and 18 others face a sprawling series of charges for their roles in attempting to interfere in the state’s 2020 presidential election..

RICO Charges:  At the heart of the indictment in Georgia  are racketeering charges under the state Racketeering Influenced and Corrupt Organizations Act . Here’s why such charges  could prove to be a powerful tool for the prosecution .

Who Else Was Indicted?:   Rudy   Giuliani , who led legal efforts in several states to keep the former president in power, and Mark Meadows , the former White House chief of staff, were among the 18 Trump allies  charged in the case.

Plea Deals: Sidney K. Powell , Kenneth Chesebro  and Jenna Ellis  — three lawyers indicted with Trump in the case — pleaded guilty and agreed to cooperate with prosecutors   against the former president.

Lt. Gov. Burt Jones: Since the indictment of Trump and his allies, a question has gone unanswered: Would charges also be filed against the longtime Trump supporter? It is now up to a state agency to find a special prosecutor to investigate him .

Fulton DA Fani Willis' father testifies in support at misconduct hearing

A misconduct hearing over whether to disqualify Fulton County District Attorney Fani Willis from the Georgia election interference case against former President Donald Trump concluded Friday with no decision by the judge.

During two days of contentious testimony, including a bombshell appearance by Willis on Thursday, lawyers for the defendants sought to implicate the district attorney and special prosecutor Nathan Wade with lying under oath about the timeline of their relationship.

That effort ran aground on Friday as a former law partner of Wade, who represented him in his divorce for a short time, asserted attorney-client privilege over his testimony, failing to counter the claims Willis and Wade made in an earlier affidavit. Allegations that Willis had an improper relationship with Wade could derail the Georgia election interference case against Trump if she is removed from the case.

Bradley has knowledge that would contradict claims from Willis and Wade that their relationship did not begin until after Wade’s start as special prosecutor, according to a filing by the defense. But Bradley said his working relationship with Wade began in 2018, and, restricted by attorney-client privilege, he could not reveal anything he saw or learned. Still, he could not recall ever billing Wade, he said.

Bradley also claimed privilege over claims that a sexual assault allegation had been made against him and that he left his partnership with Wade following this, as lawyers for the district attorney sought to undermine his credibility. His use of privilege prompted new questions from Judge Scott McAfee, who is overseeing the case, over whether Bradley had interpreted the use of privilege correctly.

McAfee said he planned to schedule an additional hearing, with opportunities for both sides to file additional legal briefs.

Earlier in the day, Willis's father defended what the district attorney said was a practice of keeping large sums of cash at home, a claim that goes to the center of the dispute over who paid for trips Willis took with the special prosecutor Nathan Wade.

“I don’t want to be racist … but it’s a Black thing,” John Floyd III, retired attorney, said in testimony Friday. “Most Black folks, they hide cash. They keep cash.”

And he testified that Willis had a boyfriend when he lived with her in 2019, whom he would see often. Floyd said he had not met or heard of Wade until last year.

Willis' father also described "nightmare threats" against his daughter's safety after she took office, a circumstance that an earlier witness had said led her to move to a condo being rented by a former friend.

“They said they would blow up the house. They were going to kill her. They were going to kill me. They were going to kill my grandchildren," he said, describing one situation where he scrubbed racist and sexist slurs from her home. "I mean, on and on and on. And it just, it became — and I was concerned for her safety.”

Fulton County District Attorney Fani Willis

He said he didn't want to know where Willis lived after leaving her home, and never visited. Willis said Thursday that the attacks against her grew “so extreme” that she could no longer live at her house.

The hearing has turned into a dispute over when Willis and Wade began dating and whether the relationship predated her selecting him to serve as special prosecutor in the case.

Willis's friend has described “hugging, kissing, just affection” as early as November 2021 between the district attorney and Wade, contradicting the former couple.

Willis was not called to testify again on Friday after a lawyer for the district attorney’s office said the state had no further questions for her.

Willis's office is seeking to quash a push for her airline records, which an attorney for one of Trump’s co-defendants has said may reflect previously undisclosed trips by Willis and Wade amid claims that Willis personally benefited from their relationship. The attorneys face misconduct allegations that  could lead to Willis’ removal  from the case.

Willis dropped her bid to avoid testifying in a surprise turn Thursday, taking the stand after a former friend disputed the timeline of her relationship with Wade. Willis acknowledged this month that she had a personal relationship with Wade but denied that it was improper. 

“You’re confused; you think I’m on trial,” Willis said Thursday during one of several contentious back-and-forth exchanges with attorneys for Trump and his co-defendants. “These people are on trial for trying to steal an election in 2020. I’m not on trial, no matter how hard you try to put me on trial.”

Robin Yeartie, who first met Willis in college and worked in the district attorney’s office until 2022, claimed that Wade and Willis may have been romantically involved as early as November 2021, which would contradict an affidavit they signed earlier. But both prosecutors repeatedly insisted during testimony Thursday that their relationship began in “early 2022” and ended last year. Wade testified that Willis reimbursed him in cash for trips that appear on his bank records, which Trump and his co-defendants have sought to portray as proof that she benefited financially from their relationship.

Willis’ removal would be a major upheaval in the sprawling racketeering case against Trump, with the delay it takes to find a new prosecutorial team making it increasingly unlikely that a trial would take place before the November presidential election. 

After Wade’s testimony had ended, “I ran to the court,” Willis said. Her appearance launched a dramatic turn in the day. 

“I was pacing in my office, and I heard someone yell that his testimony is done … so it only made sense to me that I would be your next witness,” she said. 

Willis gave hours of testimony in the hearing Thursday, at which she discussed repaying Wade thousands of dollars in cash for trips they took together and answered in detail questions about the timeline of their relationship. 

Willis charged Trump and 18 co-defendants in August with conspiring to overturn the 2020 presidential election in Georgia. Four defendants have pleaded guilty, while Trump, who faces 13 counts, has  pleaded not guilty .

Katherine Doyle is a White House reporter for NBC News.

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Consumer sentiment edges higher as economic growth accelerates and inflation fades

Christopher Rugaber

Associated Press

Copyright 2024 The Associated Press. All rights reserved.

FILE - A golfer drives range balls on a warm day in Des Plaines, Ill., Feb. 1, 2024. On Friday, Feb. 16, 2024, the University of Michigan releases its preliminary reading of consumer sentiment for the month. (AP Photo/Nam Y. Huh, File)

WASHINGTON – A measure of consumer sentiment ticked higher this month, after soaring in December and January , underscoring that Americans are starting to feel better about the economy after several years of gloom.

The University of Michigan's consumer sentiment index , released Friday, ticked up to 79.6 in February, from 79 in January. The small gain followed two months of sharp increases that were the largest in more than 30 years. How Americans feel could impact the presidential race this year, which will likely focus heavily on President Joe Biden's economic record.

Still, consumer sentiment remains 6% below its long-run average after the worst spike in inflation in four decades pushed up the cost of groceries, rent, gas, and other necessities, frustrating many consumers.

“The fact that sentiment lost no ground this month suggests that consumers continue to feel more assured about the economy, confirming the considerable improvements in December and January," said Joanne Hsu, director of the consumer survey. “Consumers continued to express confidence that the slowdown in inflation and strength in labor markets would continue.”

Improving consumer confidence can often lead to greater spending, which can support economic growth. Since the pandemic, however, consumer spending has been mostly healthy even when measures of sentiment were quite low.

Lael Brainard, a top White House economic adviser, in a statement Friday credited the brightening outlook to “the increase in real wages, wealth, business creation, and job opportunities” that have occurred duiring Biden's term. “Consumer expectations for business conditions over the next five years rose to the highest level since December 2020,” she added.

In recent weeks, most economic data has been positive, and has indicated that the economy is still growing , employers are hiring , and inflation is coming down . Growth reached 3.3% in the final three months of last year, much better than economists had forecast. Consumer prices rose just 2.6% in December compared with a year ago, according to the Federal Reserve's preferred inflation measure, though the better-known consumer price index picked up a bit in January .

There has been a clear partisan gap in how Democrats and Republicans perceive the economy, and it has intensified in the past decade. In February, sentiment among Democrats was 34 points higher than for Republicans.

Yet the small gain in sentiment this month came from Republicans, whose confidence measure rose to 65 from 56.3. There was a tiny gain among independents, from 74.6 to 76.6, and a drop among Democrats, to 98.4 from 101.7.

Other measures of confidence have also shown clear improvement this winter. A daily survey by Morning Consult has increased 7% since the end of November.

And a quarterly measure of CEO confidence by the Conference Board reached 53 in the first three months of this year, the first time it has topped 50 — when more CEOs are optimistic than pessimistic — in two years.

Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.

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