The Business of Financing Personal Injury & Wrongful Death Cases Raises Concerns

Posted by Jeremy Rosenthal | Apr 20, 2017 | 0 Comments

The Consumer Financial Protection Bureau (CFPB) recently in conjunction with the New York attorney general are taking RD Legal Funding LLC to court for violations said to be related to federal and state laws concerning consumer protection. A suit filed in the U.S. District Court for the Southern District of New York indicates that the organization was targeting former NFL football players who were to receive settlements from a class-action suit based on concussion injuries they sustained. In addition, RD Legal was offering advanced payments to many slated to receive settlements in the 9/11 World Trade Center attack. Apparently, their advertising is potentially confusing and deceptive as those who receive the advanced payments while awaiting their settlement payments are often unaware of the finance charges applied, which are reported to sometimes near 250%. In addition to advancing funds to future recipients of settlements, other organizations are actually funding the costs to bring suits and litigate them.

Gerchen Keller Activity in Commercial Lawsuits

An investment firm based in Chicago known as Gerchen Keller Capital has been involved in financing high-dollar commercial lawsuits. The company is alleged to have invested over $1 billion in these lawsuits in exchange for a share of the settlement awards. Nationally, some states prohibit these practices, while others do not have laws in place relating to third-party litigation financing. Ethical concerns have been heard throughout legal circles who suggest that such funding significantly prolongs cases and takes advantage of the civil court system.

Financiers Deny Wrongdoing

Those operating within this little-known financing segment claim that they provide a needed service in the market and that their loans are outside the realm of consumer-based credit law. Pre-settlement “funders” essentially provide advanced funds for those awaiting payouts in exchange for a fee. Their contracts are apparently structured in a manner where these transactions are not classified as loans to bypass banking and regulatory oversight and rules. J.G. Wentworth, a large player in this market, says that the CFPB is investigating in areas beyond their scope of authority.

Colorado's Laws Regarding the Issue

The Colorado Supreme Court issued a ruling in 2015 that these transactions are non-asset purchases. They ruled that they are governed by the consumer loan authorities under the Consumer Credit Code of the state. This means that finance charge limitations and full disclosure of related terms and provisions must be done. Currently, 11 states have some variation of laws regulating this market and more are likely to adopt in the coming years.

Contact a Denver Wrongful Death Attorney 

Have you or a loved one been injured or killed as a result of the negligent or careless actions of another party? The Law Firm of Jeremy Rosenthal provides aggressive representation for those victims who have experienced a personal injury or wrongful death. You deserve proper economic retribution from those who have caused hardship and loss, and the insurance companies that represent these parties are looking out for their best interests. Contact the office today at (303) 825-2223 for a free consultation.

About the Author

Jeremy Rosenthal

Attorney Jeremy Rosenthal is dedicated to helping his clients seek just compensation for their injuries regardless of the lengths he has to go to or the distances he may have to travel in order to get it.

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