Cappuccio v. Prime Capital Funding, LLC, 2011
Case type: Equal Credit Opportunity Act (EEOC) & Truth in Lending Act (TILA) - Appeal
Our client was a victim of predatory mortgage lending. We obtained a jury verdict in her claims under the federal Equal Credit Opportunity Act and consumer deception law. The jury found that mortgage giant Countrywide committed fraud by clear and convincing evidence. Flitter Milz appealed the one finding in favor of the mortgage lender. In a precedent-setting case under the Truth in Lending Act, the U.S. Court of Appeals found that the consumer's testimony was enough to prove a violation, providing that the jury believed her, and set aside one part of the verdict that was rendered in favor of the mortgage company.. The client was invited to the White House to meet with President Obama as an example of the devastating predatory loans issued during the financial crisis in the late 2000s. This pro-consumer decision reversed a dozen previous court rulings, and has been followed by other courts around the United States.