University of Minnesota Law School
229 19th Avenue South (612) 625-6810
Minneapolis, Minnesota 55455 email@example.com
EDUCATION: B.A., Oberlin College, 1980
Phi Beta Kappa
J.D., University of Minnesota, 1990
Magna Cum Laude
Articles Editor, Minnesota Law Review
Associate Professor of Clinical Law, University of Minnesota Law School, 2005-current
* Supervise Consumer Protection and Environmental Sustainability Clinics. Clinic cases
have been noted or featured in the Wall Street Journal (“Automatic Payments Make
Cancelling Charges Difficult”, February 22, 2006); RESPA News (“Coldwell Banker
Burnet: The Broader Implications Of A Big Picture Case,” March 27, 2007); and City
Pages (“Seward Residents: Xcel’s Smelly Poles,” March 9, 2009).
* Teach Civil Procedure (I and II), Pretrial Skills and Consumer Protections and
Assistant Attorney General, Minnesota Attorney General’s Office, 1991-2005
Manager, Consumer Enforcement Division, 2001-2005.
-- Initiated and served as lead attorney in multi-state attorneys general action
against Ameriquest Mortgage Corporation. Participated in leadership (negotiating
committee) of case against Household International, Inc. Total recovery of over $840
million in two cases. Prosecuted first state attorney general predatory lending lawsuit
filed against First Alliance Mortgage Corporation in 1998.
-- Led attorneys general actions to limit abuses with preacquired account
marketing practices, including substantial participation in F.T.C. proceedings to adopt
limits on preacquired account telemarketing in the Telemarketing Sales Rule, 16 C.F.R.
-- Lead attorney in action against Fleet Mortgage Corp raising novel issues of
F.T.C. jurisdiction over non-bank operating subsidiaries of national banks. State v. Fleet
Mortgage Corp., 158 F.Supp.2d 962 and 181 F.Supp.2d 995 (D.Minn. 2001).
-- Supervised and directed a series of cases against companies and individuals
engaged in practices that stripped the equity from homeowners in foreclosure.
-- Represented Minnesota Commissioner of Commerce in federal court and other
matters related to insurance, banking and securities regulation, 1991-1995.
Judicial Clerk, Honorable P. H. Marshall, Judge of United States District Court for the
Northern District of Illinois, Chicago, Illinois, 1990-1991.
Legislative Drafting and Advocacy
* Primary drafter of anti-predatory lending law adopted during the 2007 Minnesota
legislative session. This law was recognized as a model for federal legislation in an
editorial by the New York Times (“Common Sense Lending,” March 7, 2009), and noted
by the Huffington Post as a Top Ten Legislative Initiative of 2007.
* Primary drafter of 2004 Minnesota law restricting foreclosure rescue scams, Minnesota
Statutes chapter 325N. This law has been substantially adopted in eighteen other states,
including Illinois, Maryland and New York. Consultant, Federal Trade Commission
regarding rule-making on foreclosure loan modification rule-making.
* Drafted and advocated for bill that passed the 2008 Minnesota Legislature that would
have allowed certain homeowners in foreclosure to defer foreclosure while making
partial monthly payments. See Amy Merrick, Foreclosure Bill Puts Governor on Heat
Seat, Wall Street Journal, May 28, 2008.
* Drafted and advocated for other consumer protection legislation, including laws
relating to private mortgage insurance cancellation (Minn. Stat. § 47.207) and regulation
of deceptive travel club offers (Minn. Stat. § 325G.505). Supervised student attorneys in
Consumer Protection Clinic in drafting overhaul of Minnesota debt management law
enacted by the 2007 Minnesota legislature (Minn. Stat. ch. 332A).
Testimony and Speaking on Consumer Protection
- Testimony before the United States Senate Commerce Committee, United States
House of Representatives Subcommittee on Consumer Protection, and the Federal Trade
Commission. Frequent testifier before Minnesota legislature on a variety of consumer
protection, mortgage lending, administrative law and other issues. Testimony to the
Board of Commissioners of Hennepin and Ramsey counties.
- Keynote speeches before American Association of Residential Mortgage
Regulators, Minnesota Real Estate Institute, and other national and regional conferences.
- Presentations with elected officials include multiple forums with U. S. Senator
Amy Klobuchar and U. S. Representative Keith Ellision, and a forum with U. S. Senator
- National conference presentations for the Practising Law Institute, American
Conference Institute, National Consumer Law Center, National Association of Consumer
Advocates, American Bar Association Antitrust Section, and the Institute for Foreclosure
Legal Assistance. Other presentations include multiple Minnesota State Bar Association
CLEs, and trainings for Minnesota and California Legal Services Corporations.
- Regular media source on mortgage lending, foreclosure, banking regulation and
other consumer protection issues, including frequent appearances in all major Minnesota
media, Wall Street Journal, National Public Radio, Money, New Republic, Mother Jones,
American Banker, Governing, Detroit Free Press, Los Angeles Times, Seattle Post-
Intelligencer, Milwaukee Journal, and numerous other media sources.
Consumer Fraud and Deceptive Trade Practices in Minnesota (M.S.B.A. 2007 and 2d
Ed. 2009) (principal author and editor).
Law Review Articles
The Invisible Hand of Preacquired Account Marketing, 47 Harvard Journal on
Legislation Issue 2 (forthcoming June 2010)
Consumer Protection And Financial Institution Regulation, Pace L. Rev. (forthcoming
Foreclosure Reform Amid Mortgage Lending Turmoil: A Reasonably Radical Proposal,
45 U. Houston L. Rev. 683 (October 2008).
Goliath Has the Slingshot: Public Benefit and Private Enforcement of Minnesota
Consumer Protection Laws, 33 Wm. Mitchell L. Rev. 163 (2006).
Foreclosure Equity Stripping: Legal Theories and Strategies to Attack a Growing
Problem, Clearinghouse Review Journal of Poverty Law and Policy (March-April 2006).
Written Testimony, United States Senate Committee on Commerce, Science and
Technology, “Unauthorized Charges on Internet by Membership Club Sellers”
Written Testimony, United States House of Representatives Committee on Energy
and Commerce, Subcommittee on Consumer Protection, “The Proposed
Consumer Financial Protection Agency: Implications for Consumers and the
FTC” (July 2009).
Written Testimony, United States Senate Committee on Commerce, Science and
Technology, “Consumer Protection and the Credit Crisis” (Feb. 2009).
Contributor, National Consumer Law Center, “Foreclosures" (2008 Suppl.) and
"Cost of Credit" (2008 Suppl.)
Book Chapter, "Statutory Fraud" in Minnesota Business Torts (2008 and 2d ed.
Contributor (Teacher's Manual), Haydock, Herr and Stempel, Fundamentals of
Pretrial Litigation (6th Ed. West).
“Will Consumer Protection Actually, if Partially, Prevail?,” American Bar
Association Antitrust Section, Insurance and Financial Services Committee
Newsletter (forthcoming February 2010).
“Preacquired Account Marketing and the OCC,” The Advocate (National
Association of Consumer Advocates) (January 2010).
Regulatory Perspectives & Initiatives: State Attorney General Case Selection and
Investigation, Practising Law Institute, Vol. 2 Consumer Financial Services
Litigation Institute 379 (2006); Vol. 2 Consumer Financial Services Litigation
Institute 491 (2005).
Social Security Netting Regulations, 73 Minn. L. Rev. 1143 (1989) (student note)
(reprinted in Westlaw Social Security Reporter).
Other Work and Awards:
National Advisory Board Member, Institute for Foreclosure Legal Assistance, 2008-
University of Minnesota Law School Stanley V. Kinyon Clinical Teacher of the Year
University of Minnesota Outstanding Community Service Award (2008)
National Cooperative Innovator of the Year (1987)
Harry S. Truman Scholarship (1978)