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Professor Cox's CV Professor Cox's CV Document Transcript

  • PRENTISS COX University of Minnesota Law School 229 19th Avenue South (612) 625-6810 Minneapolis, Minnesota 55455 coxxx211@umn.edu EDUCATION: B.A., Oberlin College, 1980 Phi Beta Kappa J.D., University of Minnesota, 1990 Magna Cum Laude Articles Editor, Minnesota Law Review Employment 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 Transactions. 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. part 310.4. -- 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 Al Franken. - 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.
  • Publications Book 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 December 2009). 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). Other Publications Congressional Testimony: Written Testimony, United States Senate Committee on Commerce, Science and Technology, “Unauthorized Charges on Internet by Membership Club Sellers” (Nov. 2009). 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). Book Contributions: 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. 2009).
  • Contributor (Teacher's Manual), Haydock, Herr and Stempel, Fundamentals of Pretrial Litigation (6th Ed. West). Other: “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- current. University of Minnesota Law School Stanley V. Kinyon Clinical Teacher of the Year (2009) University of Minnesota Outstanding Community Service Award (2008) National Cooperative Innovator of the Year (1987) Harry S. Truman Scholarship (1978)